I would like a solicitor to check the wording of a will for compliance under Scottish law. Thanks.
Province/Country relating to question : Edinburgh, UK
Thank you for your question.Please give me the wording and I'll check it for you.
Here's the wording. Even though it's anonymised, I don't wish this text to appear in the public domain please...
Will of XXX
I XXX of XXX, revoke all earlier wills and declare this to be my last will (‘my Will’).
My trustees are to hold my estate on trust to retain it or sell it and:
My trustees are to have all the powers that the law and my Will confer for these purposes and they are to exercise those powers with reasonable skill and care. If they need help, they are to seek professional advice and assistance.
Subject as above, my trustees are to divide and pay the residue of my estate as follows:
If either of my sons dies before me or does not survive me for the period mentioned previously, leaving one or more children, his share is to be given to his child or if he has more than one child then his share to be equally shared between his children.
If either of my sons dies before me or does not survive me for the period mentioned previously, leaving no child or children, his share is to be added to the share of my other son.
BUT if all of these gifts fail then Section 3.2 of my Will shall apply instead of Section 3.1.
The ‘Standard Provisions of the Society of Trust and Estate Practitioners (1st edition)’ are to apply.
I request my trustees to arrange a <xxx> cremation service for my funeral. I request my ashes to be scattered at the same place as that of my husband’s at <address>.
I have signed my Will to give it effect in the presence of the two witnesses named below and both of them have signed it in my presence
It will do but it's not really worded the way that a Scottish will would normally be worded.I take it this has been drafted by some will company advertising from the Internet or a shopping centre.1. It refers to gifts rather than legacies.2. I have never seen a clause referring to standard conditions of the society of trust and estate practitioners in any other will. Looking at these online at http://www.step.org/pdf/STEP_Standard_Provisions1.pdf they appear to be English based.3. There is no clause affirming a Scottish domicile.4. There is no informal writings clause allowing an easy variation of the will for minor changes.5. Only one witness is required in Scotland, not two.If you want this done properly see a Scottish solicitor. It may in fact cost less and it will be done correctly.I hope this helps. Please leave positive feedback so that my time is credited.
27 years as a practising solicitor.
Many thanks for your help. I'll see a Scottish solicitor as suggested.
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