We blogged recently on 'What happens if your Will is unclear?', and now a recent case has again highlighted the related question as to why it is important to record your wishes clearly in your Will.
In this case, the Will of the deceased bequeathed her property "…for such of my children as shall survive me in equal shares". The deceased had two children but one child had predeceased. The question arose as to whether the deceased's grandchild (who was the child of the deceased's predeceased child) should inherit in place of their predeceased parent – and the dispute ended up going to court. Although an English case and therefore not strictly relevant to the Scottish position, the message it highlights again carries across the Border.
It is therefore important to record your wishes clearly in your Will to ensure that your estate is distributed in accordance with your wishes and takes account of factors such as if a beneficiary should predecease you. Your Will should also be kept up-to-date to reflect any changes to your wishes and your individual circumstances. Having an up-to-date Will which accurately reflects your wishes can also avoid disputes between family and other beneficiaries.
Taking specialist legal advice is often the best way to record your wishes as to how you wish your estate to be distributed.
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Should you wish to discuss, please do not hesitate to contact the Private Client team at Harper Macleod using the form below or call one of our offices on:
Elgin: 01343 542623
We have solicitors and offices across the country in Glasgow (next to Glasgow Central Station), Edinburgh (next to Haymarket Station), Inverness, Thurso, Elgin and Shetland - and working from home, ready to help in person or over the phone or on a zoom call.
We can provide the assistance you need to protect your assets and your loved ones. This will allow you to put your mind at ease, knowing everything is in hand.