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GLOSSARY

Testamentary documents definition

Published by a LexisNexis Wills & Probate expert

What does Testamentary documents mean?

A will, a draft of a will, written instructions for a will made by or at the requests of, under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy; of a will which is alleged to have been lost or destroyed.

The phrase "testamentary documents" replaces the phrase "testamentary script" in CPR 57.1(2)(c). The testamentary documents are required to be lodged with the court in a probate claim: see CPR 57.5.

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Will drafting—signing and storing the Will

CORONAVIRUS (COVID-19): For Wills made on or after 31 January 2020, the formal requirement for a valid Will to be witnessed in the presence of two witnesses includes both physical and virtual presence, to allow Wills to be validly witnessed remotely by way of video conference. For the latest guidance on this temporary change (which takes effect for Wills made up to and including 31 January 2024), see Practice Note: Coronavirus (COVID-19)—Wills. This change is introduced by the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, SI 2020/952 which amends Wills Act 1837 (WA 1837), s 9 and the Wills Act 1837 (Electronic Communications) (Amendment) Order 2022, SI 2022/18. Note that the guidance below relates to WA 1837 in its unchanged form. For details of the new rules and the changes to WA 1837, s 9, see Practice Note: Coronavirus (COVID-19)—remote witnessing of Wills.Having completed the drafting of the Will, the solicitor must make arrangements to have it signed by the client and witnessed. For guidance on the formal requirements for a valid Will, see Practice Notes: Requirements...

Validity of Wills—form of Will

CORONAVIRUS (COVID-19):The Coronavirus changes to the Wills Act 1837 (WA 1837) implemented during the coronavirus (COVID-19) pandemic to allow Wills to be validly witnessed remotely by way of video conference for Wills made on or after 31 January 2020 up to and including 31 January 2024 has not been extended. The changes were set out in the Wills Act 1837 (Electronic Communication) (Amendment) Order 2022,SI 2022/18 which amend. WA1837, s9. Accordingly, remote and video witnessing should no longer be used after 31 January 2024. See Practice Note: Coronavirus (COVID-19)—remote witnessing of Wills. Note that the guidance below relates to WA 1837 in its unchanged form.Format of a WillThere is no prescribed way in which a Will has to be drafted but convention over many years has developed a tried-and-tested format. While styles may differ between those preparing Wills, the general order of clauses is fairly consistent. This helps in reading the Will and avoids errors of omission, as well as providing a consistent method of using technological means to produce Wills.The...

Discover our 3 Practice Notes on Testamentary documents

Probate actions—Larke v Nugus letter

Probate actions—Larke v Nugus letter Dear [insert organisation name] [name] Deceased (the Deceased) We act for [name] who is [the residuary beneficiary under the Deceased’s Will dated [date] OR a beneficiary on the intestacy of the Deceased]. Larke v Nugus statement You may be aware that since 1959 the Law Society has recommended that where a dispute arises regarding the validity of a Will the testator’s solicitor should make available a statement of evidence regarding instructions for the preparation and execution of the Will and the surrounding circumstances. We refer you to the judgment of the Court of Appeal in Larke v Nugus (1979) 123 Sol Jo 337, later reported in [2000] WTLR 1033, which endorsed this. This practice is also recommended in the Law Society’s practice note: Disputed Wills (6 October 2011). Accordingly, please provide statements from all appropriate members of your firm on the following: 1. How long had you...

Court of Protection—Position Statement

Court of Protection—Position Statement Case No. [insert] [ IN THE COURT OF PROTECTION ] [ IN THE MATTER OF THE MENTAL CAPACITY ACT 2005 ] [ IN THE MATTER OF [Insert name of P] ] BETWEEN: [Insert name of applicant] (the Applicant) and [Insert name of first respondent] (the First Respondent) and [Insert name of second respondent] (the Second Respondent) and [Insert name of third respondent] (the Third Respondent) _______________________________________________________________ POSITION STATEMENT OF [Insert name of party] Applicant [[FIRST] [SECOND] [THIRD] RESPONDENT OR [INTERIM DEPUTY]] FOR THE [DIRECTIONS] HEARING ON [insert date of hearing] _______________________________________________________________ Essential pre-reading: • Order dated [insert the dates of any previous orders] • Medical Report of Dr [insert name of doctor] dated [insert date] • Witness Statement of [insert name of deponent] dated [insert date] Introduction 1 This Position Statement is prepared for the hearing which is listed before District Judge [insert name of judge], sitting as a judge [in OR of] the Court of Protection, on [insert...

Dive into our 3 Precedents related to Testamentary documents