Most Wills between partners are set up in that Partner 1 dies then the estate passes to Partner 2 and vice versa. Most couples who own property jointly either in Scotland have what is called a survivorship clause within their titles or they own their homes as Joint Tenants.

This means their home passes to their survivor irrespective of what their Will says. Few solicitors explain the implications of a Survivorship clause to their clients, as a result, most people aren't aware whether they have such a clause in their Title.

SURELY ITS SENSIBLE TO LEAVE MY ESTATE TO MY PARTNER?

Here is a common scenario.

Partner 1 gets admitted to a care home

So far no problem, a Local authority will not put a charge against a property whilst a partner is still living in it.

Partner 2 dies.

There is a Survivorship clause in the Title deeds, the whole house now transfers to Partner 1 who is in care. The rest of Partner 2's estate also passes to Partner 1

Partner 1 now has assets that the Local Authority will take to pay for Partner 1's care.

Lets say Partner 1 stays in care for 4 years, what is left from the estate, which can legally be as low than £17,500 now passes to the family. Who would want their loved ones to inherit so little from an estate that you had worked so hard to achieve.

With our Home Protection Plan we will ensure that we maximize what can be left to your family.

What we will do:

Check to see if you have a Survivorship clause, then arrange to have it removed. If it is joint Tenancy, we will change it to Tenants in Common

We will then arrange a specific form of Will Trust that will give the surviving partner the benefit of the deceased partner's estate without them having to own it outright, and, risk them losing it to pay for their care, loss through remarriage, or, any other threats that may arise.

In addition a Trust is set up for beneficiaries which protects them from:

Matrimonial Issues

Financial Issues

Losing any benefits they receive because of poor health.

We will also include Powers of Attorney/ Lasting Powers of Attorney as part of your Plan, excluding Office of Public Guardian Registration Fees to ensure your Plan provides maximum Protection.

Lavender Life Planning's Home Protection Plan is an affordable solution to protect your Home.