Gibson Kerr Solicitors

Lindsay Maclean, Head of Personal Law at Gibson Kerr Solicitors in Edinburgh, answers some of the questions you might have about executries, and about being the executor of a will. The law is different in Scotland, compared to England, and Lindsay talks through the Scottish grant of confirmation process. For more information, see https://www.gibsonkerr.co.uk/wills-estate-planning/executries/ Video transcript: Today we’re going to talk about some common questions people have when they’re acting as the executor of an estate. How much will it cost me to get assistance with the executry? Many executors wonder how much it’s going to cost them to ask for legal assistance with an executry. It won’t cost the executor anything personally as the costs will come from the deceased person’s assets. How long will it take? The executor has to allow six months to check if there are any debts on the estate. Some estates can often take longer than six months, particularly if there’s inheritance tax to pay, if there’s a property to sell, or if there are any other complex issues. I don’t know much about the estate’s assets. Where do I start? The first thing to do is look through the deceased person’s papers. You’d be looking for things like bank statements, insurance policies, any information about pensions… and then you can start making a list of what the assets are. The other thing you’ll need to look at are the title deeds for the person’s house, to see if they owned the house. We can look at that for you. If you’re not sure where the title deeds are we can search for you or we can look in the land register for you. Do I need a grant of probate? Probate is the English term for dealing with a person’s estate. In Scotland we have a process called a grant of confirmation: an application that you make to the Sheriff Court, and it will include a list of the person’s assets. Whether you need confirmation will depend on the person’s assets. If the will is held with a firm of solicitors, do I have to use them to help with the executry? You don’t have to use that firm of solicitors to help you with the executry. You can choose your own firm if you wish to. I’m the executor – is it going to be a lot of work for me? Many executors will wonder if it’s going to be a lot of work for them to deal with the estate. It can be, but you can choose to instruct a solicitor to help you with some, or all, of the work. We will talk to you to find out how much you want to do yourself and how much you would like us to do for you.

When moving home, it can be tempting to put in an offer on a new house before yours is sold. Gibson Kerr solicitors and estate agents give sound and honest advice on the house selling and buying process. Video transcript: We often talk to clients who want to make an offer on a property before their home is on the market. They are worried they will miss out on their dream home and they want to act fast. Of course everyone’s situation is different but our advice is almost always to agree a sale first. If your home is sold you are in a much stronger position for getting an offer accepted. Indeed many sellers will not accept an offer from someone who hasn’t sold their property. Also, you will have a firm idea of your financial situation once a sale has been agreed and you will know how much you can realistically offer. Although property sales in Edinburgh are currently quite fast you can't assume that your property will sell within a month or even two. If you have made an offer on another property you will risk having the acceptance withdrawn if you don’t sell your home quickly. Don’t worry: your family will not be left homeless if you agree a sale in principle but haven’t found a new home yet. You can stipulate a long date of entry on your sale to allow you time to buy somewhere. We will negotiate this on behalf of our clients. We won’t tie you into the sale contractually until you are ready to. Of course in some circumstances, thankfully rarely, the buyer may change their mind and you will have to put your property back on the market. This does happen from time to time so you need to be prepared to be flexible and set realistic expectations. At Gibson Kerr we almost always advise our clients to get an offer on their property before making an offer for their next one, although we understand this can be hard if you have your heart set on the next home. We will always advise you honestly throughout the process, respecting your individual circumstances, and you will know with us we will always keep you right up to date with all negotiations as they happen.

Two senior members of Gibson Kerr's Edinburgh-based Personal Law team bust the myths about Powers of Attorney in Scotland, from the myth that Powers of Attorney are only for elderly people (they're not!) to the myth that being an attorney is the same as being an executor (it's not!). For more information, see https://www.gibsonkerr.co.uk/wills-estate-planning/power-of-attorney/ Video transcript: Myth 1: Powers of Attorney are only for elderly people Not true Stuart Millar, Associate (SM): A Power of Attorney is useful for anyone who loses their capacity due to illness or an accident and obviously that could apply at any stage throughout your life. Myth 2: Powers of Attorney shouldn’t be put in place until you need them Not true Lindsay Maclean, Head of Personal Law (LM): A Power of Attorney is used if you’ve become incapable of making decisions for yourself, or of speaking for yourself, so it’s better that you’ve put it in place while you’re still able to and then it’s ready to be used when you need it. Myth 3: Powers of Attorney take effect as soon as they’re granted Not necessarily true SM: In relation to welfare powers, so they’re decisions about where you live and medical treatment, they can actually only ever come into effect in the event that you’re assessed as no longer being capable of managing your own affairs. LM: For continuing powers, which is anything relating to your finances and your property, there are two different ways they can be put into place. You can put them into place to be effective straight away or delay them so that they’re only used if you become incapacitated or if you want them to be used. Myth 4: You’re signing your rights away if you grant a Power of Attorney Not true SM: For as long as you have the capacity to make those decisions then you’re still absolutely entitled to do so and the Power of Attorney doesn’t affect that. Myth 5: Your attorneys can use your money for whatever they want Not true LM: There are guiding principles which set out how an attorney should act, for example they should always act in your benefit and they should take account of your wishes whenever they can. SM: In addition, there are certain safeguards in place so, for example, the Office of the Public Guardian, which is the body that oversees Powers of Attorney and Guardianships, they have powers to investigate if your attorney is not acting in accordance with those principles. Myth 6: Your spouse or family can organise everything for you without needing a Power of Attorney Not true SM: If there’s no Power of Attorney in place nobody, whether that be your spouse or other family members, is automatically entitled to make those decisions on your behalf. LM: Your family may have to go to the Court to ask for court-appointed Guardianship powers, and that Guardianship process is much longer than having a Power of Attorney in place and it’s more expensive. It’s also more stressful for your family because they’re having to ask a court to appoint them powers. Myth 7: An attorney is the same as an executor Not true LM: An executor is someone named in your will to manage your estate after you’ve died, whereas an attorney is someone you’ve appointed to act for you during your lifetime. SM: An executor and attorney can be the same people or they can be two separate people depending on who you feel is most appropriate for the role.