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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16791
Experience:  30 years as a practising solicitor.
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In a Scottish will what is the meaning of, ’I appoint .., of

Customer Question

In a Scottish will what is the meaning of
JA: Where is this? It matters because laws vary by location.
Customer: ’I appoint .., of address failing Fred Blogs what does the word failing in this context mean
JA: What steps have you taken so far?
Customer: do not understand your question.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 13 days ago.
Category: Scots Law
Expert:  JGM replied 13 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either  give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 13 days ago.

It means if the first named person can't take up the appointment through death or incapacity or declines the appointment the alternatively name person can take up office.

Expert:  JGM replied 13 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 13 days ago.
that means that the first person named is responsible for caring out the will and both person/
Expert:  JGM replied 13 days ago.

The first person is the executor unless s/he can't or won't take up the appointment in which case the alternative can do so.