Part 2

[geewhiz 14]

Second looks like the parents are having second thoughts about the split of the wills etc. What can be done? I guess a new will can be made but what about the house is that all sewn up? What is an executer as I have a feeling that the two who bought the house may have insisted on being this in case any problems when the time comes. Basically the family who will gain are the ones who are not looking after the family now. I should say that the other children who decided not to join in a buy the property some time ago don't wish to inherit anything as they want the parents to spend what little they have before anything happens but they are mad that when the bought the house the got it (ex council) for a knock down price and with house prices as they are will make a tidy profit ( all's fair I hear you say) but they should have bought it for more and gave the parents a bit of extra cash to themselves. PS no one's really hard up either only the parents.

[dzug]

I'm having difficulty understanding what you are asking - it sounds more like a rant than a question. Nevertheless:

An executor is someone who carries out the provisions of a will (or of the intestacy laws) after the death of the testator. They have no discretion whatsoever over who gets what - they do what the deceased or the law tells them.

The house as far as ownership is concerned is done and dusted unless the owners voluntarily agree to give up some or all of their asset.

Your parents can change their wills - bear in mind that under Scottish law some provision for spouses, children, etc, has to be made. I'm surprised that they apparently leave nothing to each other - that sounds a ground for challenge as it stands.

As to power of attorney, that doesn't give the attorney freedom to do what they want - they have to justify that what they are doing is in the best interests of the person involved. That can be challenged by others who have different views if they are so minded

[geewhiz 14]

Thanks Dzug - I know that it sounded like a rant and appologise for that.

Basically you've covered all that I wanted to know (I think).

Power of attorney: to make sure that the parents are cared for at home by one daughter and one daughter in law until this is no longer the correct care.

Property ownership: Guess this is closed.

Wills: Can you clarify for me underScottish Law if one of the parents goes then there should be provision for the other? along with any other wishes that the may have been made.

[dzug]

I'm not an expert on Scottish law but I believe there is a provision that - whatever the will states - the surviving spouse is entitled to a portion of the estate.

[bednobs]

i dont understand how you are going to decide when the time is "right" to go into care on somene elses behalf. Does that person have their faculties still? Cant they make a decision themselves?
There is nothing to saying that the ones doing the caring are any more right than the other ones. You think you are right, but so presumably does the other party, therefore its a bit presumptous to say the carer wants power of attourney to stop the other one getting their way, whats to stop it being the other way round, and the other one getting POA? plus, what about the person in all this? Perhaps they dont want to give that power to ANYONE!

Lastly on the subject of the house. It dosent belong to the parents, and therefore the ones who do own it are letting them stay there. ok so they will make money if they sell it on the death of the couple BUT they took a risk. House prices might not necassarily have gone up they could have been in a negative equity position, so they took a big risk and should be able to get the reward for tha

[bednobs]

also, surely if the other relatives are so annoyed that they are going to make money and should have paid more for the house why didnt they say so at the time? if the parents dont care about t why should anyone else?