I WANT to make a will but do not have a clue where to start.

I was thinking of buying a will pack from a shop or downloading something, but I am worried I might make a mistake that I can’t change after I pass away.

THE basics of a will are as follows: 1. put down your full name and address 2. Nominate an executor, preferably with a backup in case the person you choose is not available ( or has died) 3. state clearly who is to get what 4. sign it (on every page if longer than 1 page) and 5. have your signature witnessed by someone who is not mentioned in the will – i.e. by them signing beside your final signature.

Will packs are ok if you follow the instructions fully and make sure you have a Scottish pack, not an English one. But best to see a lawyer.

Most do a first free consultation and will quote the costs of a will in advance.

OUR neighbour erected a fence which is on our land.

When we brought this to their attention as we want to lay a driveway, they told us it had been in place for 20 years plus, so can stay.

THEY are partly right.

The 20-year prescription is the technical legal term for long usage that makes something legal when it was not before.

However their use of the fence must be backed up with an originating deed that on the face of it gives them a right to have the fence.

Without that their possession can be reversed.

Ownership of land – i.e. the sliver of yours they’ve built on, cannot be overturned by the 20-year rule if your title deed is correct. This needs proper detailed analysis by a solicitor.

MY mum’s re-married and taken new husband’s surname.

Does anything need to be done to change her (former) name on her own title deeds either now or in future, as she has not got round to doing this?

We also wonder if her husband has a right to the house if she dies.

NO action needs to be taken about the name.

As for the husband’s rights, has your mum made a will?

If not, then the husband has first call on the house as surviving spouse.

She can make a will and decide whether to leave the house to him or to you as children, perhaps giving him a right to live in it for the rest of his life.

WHAT happens to debt when someone dies? My father recently passed away, and there was debt left, my mum does not know if the debt dies with the deceased or not.

IF the debt was in joint names between them, then it is likely she will inherit the whole debt as it is joint and several.

But your father’s own debts are only enforceable over his estate.

If between funeral expenses and other debts there is nothing left over, then creditors either get nothing or a proportion of their repayment from the estate.

But if not paid or not fully paid, they cannot then go after a surviving spouse whose name is not on the debt.