-Appeal by Gerry Rafferty's fiancé shines light on issue-
A Tayside laywer has emphasised the importance of having an up to date Will, following reports that Gerry Rafferty's fiancée has launched a court action after she didn't receive any of his fortune.
It has been said that the late popstar's partner, Enzine Fuschini, was not included in his Will as it was drafted 18-months before he met her.
Despite becoming engaged to Fuschini in 2009 he failed to update the document meaning she was not given any share of his estimated £1.2m fortune when he passed away last year.
Nick Barclay, partner in the Private Client department of Thorntons law firm, said: "The lesson here is that Mr Rafferty should have changed his Will if he wanted his fiancée to receive anything.
"Having a will that is up-to-date is vital if your final wishes are to be respected.
"We are seeing more and more cases where partners, children and significant others are not receiving what the deceased intended because the Will is out-of-date. People may make their Will and think - that's it, job done. However, if there are any changes in someone's personal circumstances such as the birth of children or a change in marital status or other relationship, it's vital that any Will is updated."
Ms Fuschini is challenging Mr Rafferty's Will in the High Court in England under the Inheritance (Provision for Family and Dependents) Act 1975 which enables those being supported financially by the deceased before their death to obtain 'reasonable financial provision'.
It is not known at this stage what Ms Fuschini's claim might be worth.
Nick is keen to point out that if the case was to be heard in Scotland, she would not be entitled to a penny.
He added: "There is no equivalent provision in Scotland. Had Mr Rafferty still been based in Scotland when he died, then his fiancée would have no claim on his estate. Mr Rafferty grew up in the West of Scotland, however later moved elsewhere.
"Had he still resided in the country, under Scots Law Ms Fuschini could have claimed against Mr Rafferty's estate if he had died without a Will. There is a provision for such circumstances under the Family Law (Scotland) Act 2006, which allows a co-habitee to claim against the estate of a deceased partner.
"This not clear cut however and very few cases have been considered before the Scottish Courts so it is almost impossible to predict what entitlement might be established for such a short relationship."
Issued by Beattie Communications on behalf of Thorntons Solicitors.
Contact: Jennifer Black, Tel 01698 787878