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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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We had to sell my sisters property in Edinburgh last year

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We had to sell my sister's property in Edinburgh last year to pay for her care home fees.
How can we protect our property in order that our son will inherit if one of us dies and the other has to go into a home.
Thank you
Thank you for your question.

If you are both in good health at the moment you could set up a trust and put the house into the trust. The trust would narrate that is purpose is for "good estate planning". Provided that a good number of years passes before one of you may need to go into a care home, it is unlikely that the transaction would be challenged as depravation of assets.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Many thanks for this. I would say we are in reasonable health, Husband is 70 and has had some health issues over the years but is now fully recovered. Is the number of years required to pass, 7 years?

Would this Trust require to be set up through the Solicitor that holds our title deeds.

Did previously have meeting with a company ' Family Asset Protection' but wasn't completely sure if this was all above board and was concerned about losing our property along the line.

Where would I contact a 'Trust' solicitor. Thank you for your help

There is no statutory number of years but seven is taken as being a reasonable period.

You should use a good solicitor and if you have confidence in the solicitor that holds your title deeds as your family lawyer then you should use him or her. If that solicitor doesn't do trust work then you can contact the Law Society of Scotland for the contact details of one who does.


Asset protection companies are generally expensive, generally more so than lawyers in private practice.

Happy to discuss further. Don't forget to rate my answer so that I am credited for my time.
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