Wills

Crafting wills is a fundamental aspect of private client practice. This topic offers expert guidance on drafting, executing, and contesting wills, ensuring your clients' wishes are clearly articulated and legally sound, while addressing potential challenges and disputes.

View Private Client by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Codicils Contents of Wills Digital assets and cryptoassets—Wills Failure of gifts Revocation, republication and revival Validity of Wills Will drafting

Latest Private Client News

FTT rejects HMRC’s strike out application (British Institute of Technology Ltd v HMRC)

FTT rejects HMRC’s strike out application (British Institute of Technology Ltd v HMRC)

Tax analysis: In British Institute of Technology Ltd v HMRC, the First-tier Tax Tribunal (FTT) refused HMRC’s application to strike out appeals...

FTT finds appellant did not act deliberately, with concealment or carelessly and cancels penalties (Jaroslaw Krason v HMRC)

FTT finds appellant did not act deliberately, with concealment or carelessly and cancels penalties (Jaroslaw Krason v HMRC)

Tax analysis: In Krason v HMRC, the First-Tier Tax Tribunal (FTT) cancelled penalties for inaccuracies in relation to a remuneration trust scheme. As...

Question of the week: I have issued and served a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of time. The defendant has subsequently contacted me and indicated they want to settle this matter without filing a defence or otherwise engaging with the court process. Can the parties apply to the court for a stay to allow for negotiations to take place before pleadings have closed?

Question of the week: I have issued and served a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of time. The defendant has subsequently contacted me and indicated they want to settle this matter without filing a defence or otherwise engaging with the court process. Can the parties apply to the court for a stay to allow for negotiations to take place before pleadings have closed?

This Q&A considers whether parties can apply for a stay to allow negotiations to take place before pleadings close, in circumstances where a claim for...

HMRC publishes GAAR Advisory Panel opinion on inheritance tax avoidance arrangements involving employee trusts

HMRC publishes GAAR Advisory Panel opinion on inheritance tax avoidance arrangements involving employee trusts

HMRC has published a General Anti-Abuse Rule (GAAR) Advisory Panel opinion, dated 30 January 2026, addressing inheritance tax avoidance arrangements...

Featured Private Client content

Nature and classification of trusts—the three certainties

Nature and classification of trusts—the three certainties

Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...

Protectors

Protectors

ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...

Precedents

Loan agreement—individuals

Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
Read More >
2nd Jun
Practice notes

The Cy-près doctrine

The Cy-près doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Read More >
30th May
Practice notes

Trustees—appointment of trustees

Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
Read More >
2nd Jun
tag iconIn-house
Practice notes

Death in service benefits

Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
Read More >
Produced in partnership with Eleanor Walsh, Lily Hurley and Emily Cook of Sinclair Gibson LLP
30th May
Practice notes

Assent of assets by personal representatives

Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
Read More >
2nd Jun
Q&As

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
13th Oct
Practice notes

Intermeddling in an estate

Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Read More >
Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes
2nd Jun
Practice notes

Termination of trusts—methods of termination

Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
Read More >
2nd Jun
Practice notes

Trusts as a vehicle for holding company shares

Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
Read More >
2nd Jun
Practice notes

Benevolent funds

Benevolent fundsFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered...
Read More >
30th May
Practice notes

Creation of trusts—life insurance trusts

Creation of trusts—life insurance trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
Read More >
30th May
Practice notes

Lifetime gifts

Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
Read More >
2nd Jun
Practice notes

Source of income (and private client)

Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Read More >
2nd Jun
Practice notes

Liferent trusts—Scotland

Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
Read More >
Produced in partnership with Pete Murrin of Turcan Connell
13th Oct
tag iconScottish Law
Q&As

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...
Read More >
Produced in partnership with Emma Holland of Stewarts Law
13th Oct
Practice notes

Advantages and disadvantages of an offshore trust

Advantages and disadvantages of an offshore trustAn offshore trust is a trust where the trustees are resident in a low or zero tax jurisdiction....
Read More >
Produced in partnership with Mourant Ozannes
13th Oct

Popular documents

Where a beneficiary is present when a Will is signed and witnessed, but is not an attesting witness to

Where a beneficiary is present when a Will is signed and witnessed, but is not an attesting witness to the Will, are there any grounds to challenge that beneficiary's entitlement under the Will?See Practice Note: Requirements for a valid Will which sets out the formalities for the proper execution

Contents of Wills—residuary gifts

Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been sold during the course of administration. Section 33 of the Administration of Estates Act 1925 (AEA 1925) defines the

Under section 14B of the Limitation Act 1980, there is a longstop date to make a negligence claim of 15

Under section 14B of the Limitation Act 1980, there is a longstop date to make a negligence claim of 15 years. In the case of a claim against a negligent solicitor in the drafting of a Will, does the longstop time limit begin from the date of the Will being drafted/executed, or from the date of

Failure of gifts—lapse

Failure of gifts—lapseThere are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a testamentary gift, see Practice Note: Failure of gifts—effects. This Practice Note considers the doctrine of lapse in more