Scottish Will – Pre-decease of Beneficiary

buddy9

ev51 said:

Thanks buddy9. Can you point me towards the section of the Act that covers this scenario?

Because the will predates the 2016 Act then the previous rules apply. This is the common law basis of conditio si institutus sine liberis decesserit that I referenced above. Here is an extract from a textbook “ the conditio is an equitable doctrine that implies into a will a conditional institution of the legatee’s children to inherit in his place if he fails to survive; “

ev51

Thanks again buddy9. Scottish law does have some differences and I just needed to be sure of the correct position in case A queried the share of the property.

TripleH

It's silly but could you not just talk to A and set out what you intend to do before hand?

Keeping copies of everything and even the part of law you are using would be sensible to show your thought process and that you did think before acting.