Pro forma Will with Guidelines for Completion

I, [...............], residing at [............ ............] in order to settle the succession to my estate on my death provide as follows:-

ONE

I appoint my husband/wife, [...............], residing with me at [............... ] aforesaid, and [............... ] residing [............ ............], as my trustees and executors and I assign, dispone and convey to them and to any other person or persons whom I may hereafter appoint or who may be assumed to act hereunder and to the acceptors and acceptor, the survivors and survivor of them and to the executors of the survivor of them (hereinafter referred to as "my Trustees") the whole means and estate, heritable and moveable, real and personal of whatever kind and wherever situated which shall belong to me at the time of my death or over which I may then have power of disposal (hereinafter referred to as "my estate"). [NOTE 1]

TWO

I direct my Trustees to give effect to any writings by me however informal they may be concerning the disposal of my jewellery, household and personal effects, provided such writings are signed by me, dated after the date hereof and clearly expressive of my intention, as to which my Trustees shall be the sole judges. Any bequests so made shall be free of government taxes payable on my death unless otherwise stipulated and free of the expense of delivery should my Trustees so decide. [NOTE 2]

THREE

I make the following bequests:-

1. [........................................................... ]

2. [............................................................] etc.

FOUR

In the event of my said husband/wife, [ ...............] surviving until the date occurring thirty days after the date of my death (hereinafter referred to as "the relevant date") I direct my Trustees to pay, convey and make over to her the residue of my estate (hereinafter referred to as "the residue").

FIVE

(a) In the event of my said husband/wife not surviving until the relevant date I direct my Trustees, to hold the residue (apart from any sums set aside by my Trustees pursuant to the direction contained in sub-clause (c) hereof) in trust for my son/daughter said [ ................] and my son/daughter [............... ] residing with me at [ ............ ............], aforesaid and such other children born to me as may be in life or in utero at the relevant date equally between them, declaring that the share of each of my said children as aforesaid shall be held for him or her contingently upon he or she surviving until he or she attains the age of twenty-one years ("the valid age") and in the event of any of my said children dying after the relevant date but prior to attaining such age the share of the residue to which he or she would otherwise have been prospectively entitled shall pass to his or her respective issue who attain the valid age equally per stirpes or in the absence or failure of such issue shall accresce equally to the survivors or survivor of them or, in the case of predeceasing children leaving issue who attain the said age the share of the residue to which they would otherwise have been prospectively entitled shall pass to his or her respective issue equally, per stirpes. [NOTE 3]

(b) With regard to any beneficiary or prospective beneficiary hereunder who shall not have attained the age of twenty one years at the date of my death my Trustees shall have power at their absolute discretion (i) to apply all or any part of the income arising on the share of the said residue to which that beneficiary is entitled or prospectively entitled for the maintenance, education and advancement in life of such beneficiary provided always that any income not so applied in any one year may be applied in any subsequent year and if the whole of said income is not so applied it shall be accumulated and (ii) to make advances of capital and of accumulated income to such beneficiary on the occasion of his or her marriage or to further his or her education or advancement in life or otherwise as my Trustees in their absolute discretion may determine; notwithstanding the foregoing provision in regard to vesting such advances shall vest on payment.

(c) In the event that my said husband/wife predeceases me or fails to survive until the relevant date while any of my children are in minority, I direct my Trustees to set aside out of the residue and pay to the guardian to my children appointed pursuant to Clause SEVEN hereof such sum or sums as they, in their sole discretion, consider reasonable as a financial contribution to the cost to the guardian of bringing up my children having regard to the financial position of such guardian, the needs of my children and my wish that a reasonable part of the residue should be held in trust for my children as aforesaid. [NOTE 4]

SIX

In the event of both my said husband/wife and my children predeceasing me or failing to survive me until the relevant date I direct my Trustees to convey, make over and pay the residue of my estate to the said [ ..............].

SEVEN

In the event of my said husband/wife predeceasing me or failing to survive me until the relevant date I appoint [............... ] both residing at [............ ............] whom failing [............... ] residing at [............... ] as guardian to such of my children as may be in minority, under declaration that if the said [............ ] shall be unable or unwilling to accept such appointment, he shall have the sole power and discretion to determine which of the members of the families of myself and my said [................. ] shall be requested to accept such appointment. [NOTE 5]

EIGHT

I confer upon my Trustees the fullest powers, including the powers, privileges and immunities conferred upon gratuitous Trustees in Scotland by Statute or at Common Law and in particular:-

(1) Power to sell and purchase heritable property and to retain residue and invest my estate as if they were the beneficial owners thereof;

(2) Power to appoint one or more of their own number to be solicitors or agents in any other capacity for carrying into effect the purposes of this Will and to allow such solicitors or other agents their usual charges;

(3) Power to settle the entitlement of any beneficiary in part or in whole by payment in cash or by the transfer of a specific asset or assets to the beneficiary or to the legal guardian of the beneficiary with power to require the beneficiary or any such guardian to accept such asset or assets at such value or estimate of value as the Trustees in their uncontrolled discretion shall deem fair and subject to any of the foregoing provisions to set apart and appropriate specific investments or assets to represent the whole or any part or parts of the share or shares respective or otherwise of any beneficiary hereunder at such valuation as the Trustees in their sole discretion determine so that thereafter the particular share or shares shall have the full benefit and the whole risk of the appropriated investments or assets.

(4) to appoint any one or more Trustees resident out of Great Britain; to change the forum of administration of any Trust hereby created to some other jurisdiction in any part of the world in which trusts are recognised and administered as nearly as may be according to rules similar to those which apply to Scottish Trusts not being a place or jurisdiction under the law of which any of the Trusts, powers and provisions herein declared and contained would not be enforceable or capable of being exercised and so taking effect and that by declaration of trust executed by the Trustees to that effect; or to carry on the administration of any Trust hereby created in some place out of Great Britain.

NINE

I declare that my Trustees shall not be liable for depreciation in the value of investments made by them or made by me and retained by them nor for omissions or errors in judgement, nor for neglect in management, nor for the acts, omissions, errors, neglects or defaults of each other or of any factor, solicitor or other agent acting for them but each for his own actual personal intromissions only.

TEN

I declare that I wish to be buried/cremated. [NOTE 6]

ELEVEN

I revoke all prior testamentary writings previously executed by me and instruct my law agents to destroy the same in their possession as at the date hereof: IN WITNESS WHEREOF these presents typewritten on this and the [...... ] preceding pages are subscribed by me the said [ ...............] on each page at on the [............] day of Two Thousand and [...... ] before the witness:-

.........................................Witness

.........................................Address

..........................................

...........................................

[NOTE 1]

It would be usual to appoint your surviving spouse, a close family friend or relative and a professional adviser, either lawyer or accountant, to act as Trustees. An odd number is usually sensible so that decisions can be made by a majority. The others are really there to see fair play in the event of a joint calamity, and a trust having to be established for children.

[NOTE 2]

This clause is intended to avoid the necessity of very detailed will provisions relating to personal effects, and you could leave a detailed direction, which could change as new personal possessions are acquired, with your important papers.

[NOTE 3]

The effect of this clause is to pass everything to children in the event of a joint calamity, but to be held in trust until age 21 (the Trustees have a discretion to make advances from capital for education, maintenance or advancement in life). If a child were to die before attaining age 21 but himself had children, his children would inherit the pre-deceasing parents share. If there are no children, their share goes to the survivor.

[NOTE 4]

This is an attempt to make some kind of financial provision for the guardians as bringing up someone else's children can be a considerable financial burden.

[NOTE 5]

It is important that the spouses agree on the choice of guardians and it is probably best to have a "whom failing" provision in case your preferred option is unable or unwilling to accept appointment.

[NOTE 6]

Your preference should be stated, but detailed arrangements are usually left to informal writings, again to be kept with your personal papers.