Does anyone know about will and estate planning- SCOTLAND?

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In Scotland- I want to ensure my house in doesn't get taken by care home fees and i also want to ensure my half of the house goes to my kids when i die, not my spouse, although i want him to be able to live in the property.
Can anyone advise me?

No but this was what we were advised by my mum's solicitor and a friend who worked for CAB also said this.

Mum did transfer her property to me and my sister but more so we'd have control so we could choose where and how she was cared for. However she died quite soon after so the issue didn't arise

MIL investigated setting up a trust but decided against it. DH was quite relieved as it sounded like it would be complex and there are ongoing costs involved in running a trust (I believe).

But if your mum transferred the property to you and your sister what would stop this as being seen as deprivation of assets if she had needed a care home?

I wouldn't actually care about the care home costs. Thats not why i want this kind of will. Im actually more confused than ever now. I have been told i want a liferent will, but someone else advised thats not what i need, i need an estate planner. I really dont know what to do.

I am a Scottish solicitor with knowledge of private client law. You need a private client solicitor who can properly discuss with you your particular circumstances and financials. The same solution doesn’t work for everyone, depends on sums involved, family set up etc.
one option is that you leave your house to your kids with a life rent to your spouse.
a trust is another option but trusts are very specialist there is now trust registration, ongoing admin costs etc.
you need a private client solicitor to advise you on estate planning and prepare you a will.
good advice is not cheap and cheap advise or a cheap Will is most likely not good.

Honestly OP. Just go and see an estate planner. There so much misinformation on this thread. People mean well, but no wonder you are confused.

I recently had a meeting with my FA re trusts for estate planning and was advised that there is no limit on the number of years back that can be investigated for suspected deprivation of assets. (This is completely different from the 7 year taxation rule for gifts) You just have to take the risk that your local council will be too understaffed to chase up your case.

Trusts are not for everyone so I would advise you seek an estate planning specialist as pp said. My FA did not recommend a trust for my circumstances as there were more efficient solutions available to me.

There are certain rules in Scotland obviously about which money can be taken from you . Such as insurance pay outs / medical ins pay outs .

We knew when mum did the transfer that it wouldn't prevent the house having to be sold to fund her care if she'd needed to go into a care home - we just felt it gave us a bit more control of the situation.

As others have said you need to take advice from someone properly qualified and that's likely to be quite expensive but might well be worthwhile for the right advice for your circumstances.

So if you die next week, you want your husband to live in the house ( probably after a few months with his new partner and her kids ) , is that right?

Even if he doesn’t bring up the kids and they go to live with your family ?

And then you want him to stay in the house until he dies and then ( in what, ? 40 years time ) your kids will get their inheritance from you.

Are you sure that’s what you want?

Neither mine nor mg mother's deed was complex to set up snd there are no costs involved in running it

Jesus @J0S I don't know what you're on about

I'll speak to an estate planner.

Thanks everyone.

If anyone is still reading this, ive spoken to an estate planner and was advised to set up a property protection trust.

Does this sound familiar to anyone?

Sorry i meant a protected property trust. Am nor sure if its the same as a liferent will. Am still a bit confused.

I just googled it, lots of info on various law firm websites and only one urging caution over being mis-sold, but it certainly looks like it would cover what you are looking to achieve?

www.andersonstrathern.co.uk/legal-expertise/trusts/setting-up-a-trust/

Some more info about different types of trust at the bottom of this page. I don't work for this firm but know of them.

That sounds similar to what I did but mind was called a Deed of Trust

Thanks

I wonder why this is called different things?

You do need to see a lawyer. However, I know of two cases.

In one, the couple weren't married. A document was drawn up so that the house would go to the children, but the male partner (who didn't own the house) would be allowed to live in it if the woman died first. A solicitor had to draw this up.

In the other case, the couple were married. The husband developed severe dementia. When he became violent, he had to go into care. In Scotland, we supposedly have free personal care but we still have to pay what SW term "hotel costs". In my experience, the private care homes simply quack up their fees a couple of hundred to benefit from the "personal care" component.

With the married couple, the council got all of the husband's work pension plus some of his savings every month. (When the wife protested that she'd been relying on the husband's work pension, the reply was "Not our problem".) There would have been a chunk taken out of the proceeds of selling the house (eventually) if he hadn't died.

To clarify - because the wife was over 60, the house wouldn't have been touched until after she died. Since her husband died before his work pension and savings were used up, the house has been saved and the wife now gets a percentage of the work pension.