In order to make a valid Will, the testator must satisfy a capacity test on two separate occasions: • when they give instructions for the drafting of the...
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no...
Conditional revocation Revocation of the whole or part of a Will or codicil by destruction, or by another Will or codicil, requires an intention to revoke. The testator...
An annuity is a sum of money payable periodically, out of personal estate. Savery v Dyer (1752) Amb 139 (not reported by LexisNexis®). It is personalty Parsons v Parsons....
Identification Beneficiaries must be clearly identified in the Will, otherwise the gift will fail for uncertainty. When drafting a Will, state the beneficiaries' names...
Types of powers Under a Will or a trust, a person (the appointor) may be given the power to appoint by Will or otherwise to determine how the property of the original...
What a residuary gift comprises The residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been sold during the...
Although it is more likely that the practitioner will be concerned with the operation of the rules of apportionment after the death of the testator, they have to be...
Many Wills are fairly simplistic, merely dealing with a gift of the estate after the payment of debts to a spouse or children absolutely with, perhaps, a variation to...
Digital assets survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age....
Executors An executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The omission to appoint one...
Classification of legacies and devises Due to the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative legacies. The...
Freedom to disclaim A beneficiary is free to disclaim The law will not force a beneficiary to take a testamentary gift against their Will. A beneficiary is free to refuse...
Reasons a gift may fail There are several ways a gift may fail. These include: The doctrine of lapse—failure to survive the testator If an intended beneficiary...
Nature of lapse To benefit under a Will, a beneficiary must survive the testator. A legacy is said to have lapsed and will fall into residue: • if the beneficiary dies...
This Practice Note explains the phenomenon of ‘crypto-assets’, namely assets which are issued using distributed ledger technology, alternatively known as blockchain...
