Any recommendations for a lawyer versed in Guyanan law?
Whilst we were not involved in drafting these documents, the client had a Guyanan domicile of origin, and information given during her lifetime indicated that she had not settled elsewhere intending to remain permanently. She did spend a good deal of time in the UK, but not enough to breach the deemed domicile rules. An English will was drafted in 1988, signed in accordance with the Wills Act 1837, which I’m told is the basis of Guyanan testamentary law. She later signed a Scottish Will, in Scotland, with one signatory in line with Scottish law, She later executed a codicil with two witnesses.
The client should have executed all these documents in line with Guyanan law, and whilst her widower tells us that there was no discussion of domicile, unfortunately the Scottish will contains a declaration of domicile in Scotland. Unsurprisingly, the Scottish court want a declaration on the validity of the will.
The Wills all do much the same thing, and the widower plans to honour the spirit of Scottish legal rights. My analysis is that the codicil republishes the Scottish will, or if it doesn’t, the Scottish will is invalid (unless it is saved by a Scottish equivalent of s6(1) of the Wills Act 1963, as its execution confirmed with the internal law in Scotland). If the Scottish will is invalid, then we should be able to obtain confirmation on the basis of the former English will which would otherwise have been revoked by Scottish will.
We are keen to vary the will to create a trust, and time is running short
Thanks in advance
Terry
