Will question re: pregnancy (Scots Law)

startingttc

I hope this is the right board to ask this question. Feel free to move it over if it would be better elsewhere.

I want to get my will sorted out. I am pregnant and think it would be a good idea to have it all sorted out 'just in case'. I'm thinking of death in childbirth specifically where I died, but baby lived (a very distant possiblilty, but one that plays on my mind a little).

Now I want to leave pretty much everything to my husband - however, there are a couple of specific items i would want to leave to the baby and I would want a guardianship clause in case of common calamity etc.

My question is - can I leave items or a guardianship clause in a will when that individual hasn't been born yet?

If not, or would it be better, for me to have a will that does not mention baby, but have my wishes noted in a seperate letter of wishes to be held with the will?

Please note that this is a Scots law enquiry as I'm Scottish and domiciled in Scotland. Thanks in advance for any guidance.

clairec79

I'm pretty sure you can do it with a 'any surviving children' rather than naming the child (which also then covers you if the baby turns out to be twins)

He should really have a guardianship clause in his as well (which matches yours)

r.mac_2

Oh - thanks for the reminder to update our Wills starttingttc.

You should join us on the pregnancy thread.

angelfairy

timely reminder for myself and husband too.

devils_advocate

there is a presumption in Scots law that any legal rights that a child can have are also extended to a baby in utero.

So, for example, if old Bob leaves his estate "to be divided equally amongst all my grandchildren" and at the time of his death he has 3 grandkids and another on the way, his estate is split 4 ways.

But you are better speaking to a solicitor who can ensure that a will can cope with all "what if " situations.

tiamai_d

That 'distant possibilty' was very nearly a reality for me. I awoke after the birth of my DS2, 3 days later knowing that I was very lucky to be alive (and my doctor nicely said he had no idea how I was still alive) and all I could think about was my DS1 and husband and new DS2. It hit my hard that I had nothing in place to ensure that they were ok.

And I hate to admit it, I (we) still have no wills!!! :eek: Must get it sorted out, thank you for reminding me, and good luck, I hope your birth experience is a hell of a lot better than mine!