WAM drafting notes

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • WAM drafting notes
  • Commencement and revocation
  • Foreign elements
  • Territorial scope generally
  • Domicile declaration
  • Choice of succession law pursuant to Brussels IV
  • Appointment of executors and trustees generally
  • Solicitor executor
  • Number of executors
  • Number of trustees
  • More...

WAM drafting notes

Commencement and revocation

There is optional wording in this revocation clause so that the revocation is limited only to Wills made relating to UK property. This is consistent with subsequent clauses which can limit the scope of this Will to UK property only if desired. The effect of this is that any testamentary dispositions made in respect of foreign property remain extant. This wording is highlighted as optional in the event the Will is being prepared for a testator who has no foreign property and will not acquire any, or has foreign property and wishes to revoke any testamentary dispositions made in respect of that property (note that domestic law requirements as to the validity of this revocation will need to be considered and checked).

Variation 1—expectation of intended marriage or civil partnership: As a general rule, a Will is revoked by the subsequent marriage of the testator. However, a Will made on or after 1 January 1983 from which it appears that at the time it was made the testator was expecting to be married to a particular person and that they intended that the Will should not be revoked by the marriage is not revoked by their marriage to that person. This applies whether the marriage is of an opposite-sex couple or, on and from 13 March 2014 when marriage of same-sex

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