Bruce de Wert
Anyone made the executor of a Scottish will or given a Scottish power of attorney share similar responsibilities to the person appointing them.
They need to do what the granter wants and what is in the granter’s best interests. The difference, however, is that one one takes care of things whilst the granter is living and the other after the grantor has died.
Difference between financial and welfare powers of attorney.
A Scottish financial Power of Attorney allows the Attorney to deal with anything that is specifically mentioned as a power in the document. This can happen at that point that the granter wants it to happen. It does not have to wait until he or she becomes incapable. On the other hand, a Scottish welfare Power of Attorney, which allows the Attorney to deal with personal matters such as medical treatment, residence, etc., cannot come into effect until the granter is incapax.
Power of Attorney – how long does it last?
The Power of attorney gives an individual permission to act on behalf of another during that person’s lifetime.
A “non-continuing” power of attorney ends when the individual dies or becomes incapacitated, whichever occurs first.
A “continuing” power of attorney is so-called because it is made before the granter becomes incapacitated and continues until that person dies.
Executor
of Will.
The executor of a will does not have any authority to act until two things occur. The granter must die, and “Confirmation” must be granted by the Court.
Executor Responsibilities
The executor will, unless there are claims by the wife and children of the deceased, follow the terms of the will in disposing of the deceased’s property. In brief, it involves collecting and distributing the estate.
No will.
If there is no will, the estate is “intestate”. Scottish law lays down very specific rules for this situation and there is very little room for manoeuvre or intervention by Courts.
More information can be seen at MyScottishAttorney and MyScottishWill
Bruce de Wert is principal at Georgesons Wick and Thurso and at Smiths Grant, Duns
