Legal advice for elderly homeowners: Downsizing, care costs, and inheritance

28 Mar 2025

By Sandra Robertson, Financial Advisor, Gilson Gray Financial Management

Providing bespoke legal advice for elderly homeowners in Scotland is a significant focus for Gilson Gray. Even something as common as downsizing comes with important considerations and decisions. While it can free up finances, simplify living arrangements, and help manage future care needs, it also comes with essential legal considerations. Understanding how care costs are calculated, what you can do to lower your responsibility without being penalised, and protecting assets through wills and trusts is critical. Speaking with a solicitor at our firm is the only sure way to get advice that addresses your unique situation, but below are a few general guidelines to be aware of when making your plans.

Selling Your Property Smoothly

Selling your home is often the first step in downsizing. Understanding the market value of your property and the costs involved, such as estate agent fees, conveyancing charges, and taxes, is crucial. Gilson Gray has an entire department dedicated to property transactions, including selling, buying, letting, and legal services. We can assist you with the entire process, ensuring all paperwork is in order, highlighting potential pitfalls, and helping the sale progress smoothly. Having an ally like us on your side for downsizing property legal advice will allow you to focus on the excitement of your next chapter while we handle the complexities.

Managing Care Costs & Legal Advice to Consider

Many homeowners downsize to prepare for potential home care expenses. In-home care is less expensive than residential care, but not everyone can live at home forever. If you end up requiring residential care, you won’t be eligible for assistance if your assets exceed the national threshold. This means many elderly homeowners must sell their homes to pay for care. However, if you’ve downsized and put money aside from the sale, you may be able to use that money to pay for residential care. Planning ahead can help alleviate financial strain later in life or avoid having to sell a home you were planning to leave for your children. Other options to potentially pay for residential care include:

• Accessing government support schemes
• Care annuities from an insurance policy
• Rental income by renting your home while in residential care
• Equity release

Understanding Equity Release

Equity release schemes allow you to access the value tied up in your property so you don’t have to sell immediately. While this can serve as a solution to raise funds, it’s vital to understand the implications and risks involved, such as reduced inheritance for your family and potential repayment terms. Our team can help you explore whether equity release is the right choice, reviewing the agreements in detail and protecting your interests at every stage.

Planning for Your Future Generations

Inheritance planning for elderly homeowners is essential to protecting your hard-earned assets. Planning your downsizing is an excellent time to outline this or update an existing agreement. Gilson Gray offers comprehensive advice and support in this area, tailored to your family’s unique needs. We make sure to cover the key considerations and steps involved:

• Gifting Property to Loved Ones – Gifting property to children or other loved ones can be a thoughtful way to pass down wealth. However, it’s important to consider potential tax implications, such as inheritance and capital gains tax, and ensure it aligns with your long-term financial security.
• Creating or Updating Your Will –A will ensures your wishes for your estate will be respected after your passing. Without one, your assets may not be distributed as you intend. Your will means property, savings, and personal items are accurately documented and legally binding.
• Strategies to Protect Your Assets – If you’re concerned about preserving your wealth for future generations, some legal strategies can help. These include setting up trusts, reviewing financial arrangements, and safeguarding assets against potential care home costs.

Contact Experts Who Truly Care

Our team at Gilson Gray provides this brief elderly homeowners downsizing guide for Scotland residents to help you consider what steps you should take to protect your assets and family. We pride ourselves on delivering personalised and comprehensive legal support to individuals and couples navigating the complexities of downsizing, estate planning, and asset protection. Our highly regarded team has extensive experience in family law and estate planning, with recognition as one of Scotland’s leading full-service law firms. Contact us today to schedule a consultation with one of our solicitors.