SIR Nicholas Fairbairn secretly arranged financial security for his
three daughters, despite his death-bed decision to cut them out of part
of his will, Dr Lorraine Inglis, a close friend and witness, has
claimed.
The former Tory MP, she says, was also in sound mind when he decided
to alter his legacy less than 24 hours before his death on February 19
this year.
In an interview with The Herald yesterday, Dr Inglis provided a
fascinating insight into Sir Nicholas's last hours and the sad torment
of his widow, Lady Sam, 53.
The Perth and Kinross MP cancelled individual legacies of #10,000 to
his daughters, Charlotte, Anna-Karina and Francesca, the day before he
died, and left his entire estate at Fordell Castle, near Dunfermline,
valued at #408,000, to his second wife, Suzanne, known as Lady Sam.
The girls are Sir Nicholas's only children from his first marriage to
the Hon Elizabeth Mackay, daughter of Lord Reay -- although it was
recently revealed that he also has an illegitimate son, who now lives in
Australia.
Now they are contesting the validity of the will, with one daughter
claiming their father might have been hurried into a decision and that
the amendment might not have been witnessed contemporaneously.
Under a will made in 1984 -- the year after Sir Nicholas married for
the second time -- the three girls had been the sole beneficiaries.
In August 1993, however, Sir Nicholas decided to bequeath his estate
to Lady Sam, apart from #10,000 and various paintings for each of his
daughters, and #5000 for Mr Andrew Fenton, then his gardener.
Mr Fenton subsequently left his job and, in September last year, Sir
Nicholas revoked the gardener's legacy.
The death-bed changes were made when the 61-year-old former Solicitor
General for Scotland signed a hand-written codicil or amendment,
sometime on February 18, drawn up by Mr Keith Bovey, the family
solicitor.
Eldest daughter Charlotte, 31, who is married to composer Ross Pople,
said: ''I am not suggesting there was anything improper. But it seemed
to me that the codicil was drawn up in a rather over-hasty way.''
She also remains puzzled why one of her father's last actions was to
cut his three daughters out of his will and whether this occurred while
he was in the throes of dying.
Mrs Pople is taking legal advice because she says she is uncertain
whether Sir Nicholas's gardener, Mr Peter Rozanski, and close friend Dr
Inglis -- the only witnesses to the documentary change -- saw her father
sign the will.
Mr Rozanski -- who is still employed by Lady Sam -- refuses to comment
on his involvement.
However, Dr Inglis says that the alteration to the will was made early
in the day when Sir Nicholas was alert and in reasonable health. She
also claims that Sir Nicholas ensured secure financial provision for
each of his daughters.
''He didn't cut the girls out,'' she asserted, ''Even though it says
that the #10,000 has been revoked, there is no question of the girls
getting nothing, because I have heard the details.
''But that is not to say they yet know all those details,'' she added,
hinting that Sir Nicholas had already provided for his daughters in
other ways to avoid death duties.
''I witnessed the codicil the day before he died,'' she affirmed.
''And I asked him if what he was going to sign was his wish. He said it
was.
''I handed him the pen, which was given to me by the lawyer, and
watched him signed FoF, for Fairbairn of Fordell, and then I signed --
to suggest it happened in any other way is nonsense.''
Dr Inglis also gave an insight into Sir Nicholas' condition. ''I admit
the man was in poor health, but the haemorrhaging, of which he
ultimately died, had not taken place when the codicil was signed earlier
in the day.
''I even took his pulse and it was strong, and he was clear as a bell
mentally.''
Dr Inglis added that Lady Sam had endured ''a terrible time'' from the
''penny papers'' and revelations over Sir Nicholas's illegitimate son
and the disputed will as well as coping with her own bereavement.
''As for the boy in Australia, that has really upset her. She doesn't
know why he couldn't have told her before he died . . . she would have
understood.''
Solicitor Adrian Ward, who originally represented all three daughters
in the dispute over the MP's will, has severed ties with Mrs Pople and
now acts solely for Francesca and Anna-Karina.
Last night he said: ''My two clients are not party to any dispute, but
are having a discussion over the provisions of the will, which is normal
in circumstances such as these.''
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