A recent case in Scotland has once again highlighted how important it is to make sure that you draft your Will carefully.
A woman who died leaving a substantial legacy to a non-existent charity in South Africa has left her executor with a problem, after the Scottish Court of Session declined to give a direction that the legacy could be given to a real charity with a similar name. Estelle Brownrigg’s will left a sixth of her residual estate to ‘the Nelson Mandela Educational Fund, South Africa,’ which could not be traced. The corporate executor, Vindex Trustees, sought a direction to give it to the Nelson Mandela Children’s Fund instead, but the court told Vindex to resolve the matter by the exercise of their ‘managerial discretion and good judgment’ (Petition by Vindex Trustees for directions under s.6 Court of Session Act 1988, 2021 ScotCSCSIH46).
It is extremely important that you take advice from a qualified solicitor when considering making your Will.
Helena Grady at Fogwill & Jones (Legal Services) Limited can help. Helena Grady is a Solicitor and member of the Society of Trust and Estate Practitioners (STEP) with many years’ experience. She can be contacted on (0114 2588899).
Please note that, although Fogwill & Jones (Legal Services) Limited operate from the same premises as Fogwill & Jones Asset Management Limited they are entirely separate businesses. The only connection is that both are owned by Colin Fogwill. If you are a client of Fogwill & Jones Asset Management Limited you are under no obligation to instruct Fogwill & Jones (Legal Services) Limited and you may choose to instruct alternative legal advisers.
Source: Extracted from an article STEP news Digest on 6 September 2021
