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I would like a solicitor to check the wording of a will for

 
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  • Answered by:JGM
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Customer Question

I would like a solicitor to check the wording of a will for compliance under Scottish law. Thanks.

 

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Province/Country relating to question : Edinburgh, UK

Submitted: 346 days and 13 hours ago.
Category: Scots Law
Value: £28
Status: CLOSED
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Expert:  JGM replied346 days and 13 hours ago.

Thank you for your question.

Please give me the wording and I'll check it for you.

Customer replied346 days and 13 hours ago.

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’).


1 Executors and trustees

1.1 I appoint my sons <executor name 1> of <executor address 1> and <executor name 1> of <executor address 2> as my joint executors. If <executor name 1> should die before me or otherwise be unable to act for me then I appoint <executor name 2> to act as my sole executor. If <executor name 2> should die before me or otherwise be unable to act for me then I appoint <executor name 1> to act as my sole executor.


1.2 In my Will the expression ‘my trustees’ means the executors of my Will and the trustees of any trusts arising under it.


2 Trustees’ duties and powers

My trustees are to hold my estate on trust to retain it or sell it and:


2.1 to pay my debts, the cost of my funeral and the expenses of administering my estate,


2.2 to pay any taxes arising from my death, and


2.3 to distribute the gifts and give effect to the other beneficial intentions of my Will.


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.


3 Residuary gifts

3.1 Section 3.1


Subject as above, my trustees are to divide and pay the residue of my estate as follows:


3.1.1 50% to <beneficiary name 1> of <beneficiary address 1>, on the condition that he survives me by 30 days


3.1.2 50% to <beneficiary name 2> of <beneficiary address 2>, on the condition that he survives me by 30 days


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.


3.2 Section 3.2


Subject as above, my trustees are to divide and pay the residue of my estate as follows:


3.2.1 One Eighth share to <beneficiary name 3> of <beneficiary address 3>


3.2.2 One Eighth share to <charity name 1>


3.2.3 One Quarter share to <charity name 2>


3.2.4 One Quarter share to <charity name 3>


3.2.5 One Quarter share to <charity name 4>


4 Incorporated provisions

The ‘Standard Provisions of the Society of Trust and Estate Practitioners (1st edition)’ are to apply.


5 Funeral arrangements

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>.


6 Dating, signing and witnessing

 


Date


 


My signature


 


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


 


Witness 1


 


Signature


 


Name


 


Address


 


Occupation


 


 


Witness 2


 


Signature


 


Name


 


Address


 


Occupation


 


 


 

Accepted Answer

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Expert:  JGM replied346 days and 12 hours ago.

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.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 98.9 %
Accepts: 4443
Answered: 7/7/2012

Experience: 27 years as a practising solicitor.

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Customer replied346 days and 12 hours ago.

Many thanks for your help. I'll see a Scottish solicitor as suggested.

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Expert:  JGM replied346 days and 12 hours ago.

THIS ANSWER IS LOCKED!
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