FAQs Archive - Page 2 of 2

Q: What happens if I don't have a Will?

If you die without making a Will, you will be deemed to have passed away “intestate”. When this happens, the laws of intestacy of Scotland will determine who benefits from your Estate and in what proportions they will be entitled. This will include any property, company, bank accounts, shares and all other assets owned at the time of your death. For the reasons listed, we recommend that every person should have a Will, however simple your wishes may be. Whether you are looking to create your first Will or want to make an alteration to an existing Will, a member of our team would be delighted to help.

Q: How do I implement a Power of Attorney in my favour?

You have been appointed as an Attorney in terms of a Power of Attorney but now what happens? In order for a Power of Attorney to become enforceable, it will require to be lodged and registered with the Office of the Public Guardian Scotland (OPG). Once the Power of Attorney has been successfully registered, the OPG will issue a Certificate of Registration confirming that a Power of Attorney has been granted in your favour. It is important that this Certificate is kept safe as the Power of Attorney will only become enforceable by presenting this certificate to each institution. When preparing a Power of Attorney, the Adult (person granting the Power of Attorney) must determine how they wish their incapacity to be determined. The details of this decision should then be narrated in the Power of Attorney document itself. This may be an informal decision making process between the Attorneys, a signed certificate with the opinion of two doctors or one of endless other possibilities unique to the adult. Therefore, in determining how a Power of Attorney can be implement, the starting place must always be the Power of Attorney document.

Q: Will my Power of Attorney expire?

The straightforward answer is no. Unless a Power of Attorney specifically states a date of expiration, or the Adult has revoked the Power of Attorney in writing, the Power of Attorney will remain in full force and effect until the death of the Adult. As at the death of the Adult, the Power of Attorney will automatically expire.

Q: I have been appointed as an Executor, what are the next steps?

If you have been appointed as an Executor of an Estate, it is important to understand what your duties are and how an Estate should be administered in terms of Scottish law. An Executor will act as the legal representative of the deceased and must administer their Estate in terms of their Will, pay off any debts or taxes that the deceased may be liable for on death and distribute the estate to the beneficiaries. While it is possible for an Executor to handle the Estate of a deceased without any legal help, they may decide to instruct a solicitor to assist them. At Bell + Craig, we appreciate that the death of a loved one is a time for grieving and we aim to make the process of managing a deceased’s estate as stress-free as possible in an already difficult time.

FAQs

What happens if I don’t have a Will?

How do I implement a Power of Attorney in my favour?

Will my Power of Attorney expire?

I have been appointed as an Executor, what are the next steps?