Validity of Wills

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Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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19th May
Practice notes
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 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
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 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
Practice notes
Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 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
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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19th May
Q&As
At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...
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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
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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19th May
Practice notes
Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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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
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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19th May
Practice notes
Trustees—power of advancementWhere a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married...
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19th May

Most recent Validity of Wills content

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
Q&As
What would happen if a gift of property is made by deed and the recipient of the gift dies on the same day? Does it matter that only the donor signed...
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5th Jun
Q&As
Is a blind testator's Will invalidated if it does not have the correct attestation clause confirming that the Will has been read out to the...
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5th Jun
Q&As
Is there a specific procedure to follow when completing a Will for somebody that is deaf?In drafting a Will the two most important issues to consider...
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5th Jun
Q&As
What formal requirements for a valid Will may cause particular difficulty during the coronavirus (COVID-19) pandemic and are there any...
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5th Jun
Q&As
Is a Will invalid if the pages are not securely fastened?The requirements for a valid Will in accordance with Wills Act 1837, s 9 (as amended by the...
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5th Jun
Q&As
What is the limitation period for a claim against an estate where the Will is thought to be invalid for some reason, such as duress or failure to...
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Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
Q&As
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...
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5th Jun
Q&As
Where a Will does not reflect the testator's intentions due to a clerical error, does a grant of probate need to be obtained to rectify...
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5th Jun
Q&As
If there is more than one page of a Will but the pages are bound together in the wrong order is the Will valid?The requirements for a valid Will in...
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5th Jun
Q&As
Is it necessary for witnesses to append their addresses to a Will at the time of execution?We refer you to section 9 of the Wills Act 1837 (WA 1837)...
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5th Jun
Q&As
Can a Will made in France by British Citizens, who are domiciled there, be probated in the UK?This response deals with a Will executed by British...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Q&As
Does the issuing of an ad colligenda bona grant, where there is a caveat in place, affect any disputes as to the validity of a Will?CaveatsA caveat is...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Q&As
X wishes to make a Will under English law dealing only with their UK assets. Can X sign the Will with what is their usual signature using foreign...
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Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
Practice notes
Capacity to make or revoke a WillIn order to make a valid Will, the testator must satisfy a capacity test on two separate occasions:•when they give...
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5th Jun
Practice notes
Validity of Wills—incorporationSTOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are...
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5th Jun

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