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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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2 sons - one adult with incapacity - can parents leave their

Customer Question

2 sons - one adult with incapacity - can parents leave their house to one son to use money when parents deceased for benefit of adult with incapacity, if house gifted in life?
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

If the parents make an absolute gift to one son in life then there is no obligation on that son to use the money or indeed to sell the house at all.

The parents should set up a trust and convey the house to the trust stipulating that when they die the house is to be sold by the trustees and the money used for the benefit of the sons.

I hope this helps. Please leave a positive response so that I am credited for my time.