What am I expected to do as an Executor of a Will?

The executor of a Will is the most important person to be named in the Will as this is the individual who has been selected by the deceased to carry out his or her specific wishes. An executor may also be charged with representing the deceased as a personal representative if the deceased estate is not in good order and requires some degree of management. The most common function of the executor of an estate is to distribute the deceased estate to the beneficiaries who have been named in a legal and valid Will. They may also be asked to locate the whereabouts of possible heirs and assess their claims to any part of the estate.
If someone dies intestate and therefore has no executor an administrator may be appointed instead.

What happens if I do not make a Will?

Your property will be divided as per the rules of intestacy in Scotland. Some of them may surprise you. For example, the entitlement your husband or wife is awarded may not be enough to ensure him or her outright ownership of your home. If you are not married but have been living with partner, the person you are living with may get nothing.

What is a power of Attorney?

It is a written document giving someone else authority to take actions or make descisions on your behalf in the event that you are incapable of doing so for yourself.

Why should I not do a DIY Will?

Small mistakes can lead to big problems when writing a will. Yet thousands of Scots choose to go the DIY route rather than trust a professional. You may save cash but if it all goes wrong, you won't be around to sort it out.

Failing to sign it

Not choosing executors carefully.

Putting it where no one can find it

Not updating your will frequently. As situations change, so should the will

Execution of the will, A beneficiary cannot be a witness

Invalid amendments. You can't just change details in a will. A codicil has to be created or better still prepare a new Will.

Failing to leave clear instructions

How do I keep my Home from being sold to pay for long term care costs?

Although those with assets of more than £22,750 are expected to meet care costs in full, there are certain situations in which the value of the home will be disregarded.

If you fall into one of these categories, make sure the council is assessing your ability to pay properly. The value of your home should not be taken into account if a surviving spouse or partner lives there, or another relative aged 60 or over. So if a daughter or sister has moved in as a carer, this could help reduce future care costs.

Many couples do not realise that they may be able to take the home out of the care equation altogether by altering the way in which it is owned. Most couples buy a property as "equally between them or the survivor", which means that, on the death of either, their share is automatically transferred to the other.

But for a small fee you can change the ownership to "pro indiviso share", which gives either party the right to bequeath their share to whomever they like. If on the death of the first spouse their half of the home is passed to the children, or into a trust, it is possible that the whole home may be disregarded should the surviving spouse need nursing care at a later stage.

Alex Edmans of Saga explained: "The current guidelines state that councils are supposed to look at the market value of the home. It could be argued that this is nil if half is owned by a third party who is unwilling or unable to buy out the other owner and has no wish to sell their stake."

She stressed, however, that these are guidelines and there is no guarantee that the local authority will interpret the rule this way. But even if it fails to take the home completely out of the equation, at worst just half its value will be taken into consideration when assessing your ability to pay.

But do not fall into the trap of simply giving your home away to your children. The local authority has the right to grab assets that have been deliberately disposed of to avoid paying care fees. However, the pro indison shares wrinkle does not fall under these rules because the gift is made only on death.