Validity of Wills

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Practice notes
Creation of trusts—express trustsConstituents of a trustWhen drafting, keep in mind that the essentials of creating a validly constituted trust...
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19th May
Practice notes
Private Client—Luxembourg—Q&A guideTaxation regimeWhat factors determine tax liability in your jurisdiction (eg domicile, residence or...
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Produced in partnership with Eric Fort of Arendt & Medernach 19th May
Practice notes
Creation of trusts—beneficiariesWho may be beneficiariesEvery person who would be capable of owning property if of full age and sound mind may be a...
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19th May
Practice notes
CGT—reliefsFORTHCOMING CHANGE: On 14 July 2020, the Office of Tax Simplification (OTS) published its online survey and a call for evidence to seek...
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19th May
Q&As
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...
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Produced in partnership with Emma Holland of Stewarts Law 19th May
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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19th May
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Practice notes
Cayman Islands STAR trusts—common usesThis Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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19th May

Most recent Validity of Wills content

Q&As
Can a Will be valid if it is undated?The requirements for a valid Will are set out in Wills Act 1837 (as amended by the Administration of Justice Act...
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7th Jun
Q&As
What are the legal requirements for dating Wills and trust documents?There is no legal requirement that a Will must be dated, unless it appoints...
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6th Jun
Q&As
Can you obtain a charging order over property held on trust where the judgment debtor is a one of multiple beneficiaries under the trust and also one...
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6th Jun
Q&As
Does a Will need to be translated into the testator’s language if they do not understand English as a condition of valid execution?Where an individual...
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6th Jun
Q&As
Will the probate office accept a certified copy of a lost Will or will the presumption apply that the Will was revoked by the testator having...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 6th Jun
Q&As
Are there any discussions or consultations around suspending the formal requirements for a valid Will (in particular, the requirement to have two...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
Does change of name by deed poll invalidate a Will?A deed poll is a deed made by and expressing the active intention of one party only, or made by two...
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6th Jun
Q&As
Can a Will drafted in England and governed in English law be executed in Singapore? Are there any further legal requirements for executing a Will...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 6th Jun
Q&As
Where a witness has simply printed their name rather than ‘signed’ a Will, will this be a valid Will if all other formalities have been...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
What are the considerations for a testator who wishes to make an English Will where they are domiciled in England and Wales and their estate is...
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6th Jun
Q&As
Is a Will valid after divorce?Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act...
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5th Jun
Q&As
T is domiciled in a part of the UK, but resident in Spain. How can a Will drafted in England and governed by English law be executed by T in Spain in...
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5th Jun
Q&As
Can a solicitor who drafted the Will and is also named as an executor witness the Will?In answering this Q&A, we refer to you to the Practice Note:...
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5th Jun
Q&As
Can a Will prepared in the UK for UK assets be signed and witnessed by the client in France, and if so, does it have to be witnessed by a professional...
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Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
Q&As
Can the parents-in-law of a beneficiary witness a Will without invalidating the gift to the beneficiary?This Q&A covers the position in relation to...
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5th Jun
Q&As
If a solicitor signs a Will on the testator's behalf at their direction, can they also act as one of the two witnesses?In order to be valid, a Will...
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Produced in partnership with Christopher Snell of New Square Chambers 5th Jun
Q&As
If a Will has not been witnessed and is therefore invalid on the face of it, is there anything that can be done to make the Will valid so it can be...
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5th Jun

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