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Proving theTenor of a Will Assuming someone has left a will, the original signed version requires to be located in order for the Executor to administer their estate.  It is a significant problem if the principal will has not been registered in the Books of Council and Session,  and cannot be located,  and…

ANOTHER  COURT JUDGEMENT ONCE AGAIN HIGHLIGHTS  THE DANGERS OF HOME-MADE WILLS. IN THIS CASE, THE COURT REFUSED TO CURE DEFECTS OF EXECUTION AND HELD THAT THE WILL WAS NOT LEGALLY VALID FOR WANT OF SUBSCRIPTION The problem with people preparing their own home-made wills has again been highlighted in a…

When a person has not been included in the will of a parent or spouse,  there are some situations where there can be a valid  “challenge”  to the will,  but a  will that is formally valid can only be challenged on certain specific grounds,  namely, lack of capacity of the…

What is the role of an  Executor? The executor’s main role is to carry out the administrative processes involved in winding up a deceased’s affairs by ingathering funds, paying off debts and making over whatever is left to the beneficiaries. The executor carries out their role for the benefit…

To be sure that your children will be in safe hands and well looked after should you die, you should give careful consideration to who would be the best person to take care of them, and appoint a legal guardian for them in your will.  A guardian is a person…

A recent case our estate team have dealt with presented a stark reminder and warning about the importance of having your Will prepared by a solicitor. In the estate in question, the deceased left a homemade Will, and due to various deficiencies in the document, the Court originally did not…

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