Will drafting

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Automated Wills

The Will and attorney maker (WAM) is designed to automate the following eight Lexis+® UK Wills Precedents:

  1. •

    to spouse absolutely, then to children absolutely

  2. •

    fully discretionary

  3. •

    to spouse on flexible life interest trust, remainder to children absolutely

  4. •

    to spouse absolutely, then on discretionary trust

  5. •

    nil rate band legacy on discretionary trust, residue to spouse on flexible life interest trust, remainder to own children absolutely

  6. •

    legacy of business property on discretionary trust, residue to spouse absolutely, then to children absolutely

  7. •

    individual, unmarried, no children

  8. •

    Will—unmarried, divorced, separated with children, no partner

For guidance on how to use the WAM, see Practice Note: WAM key features and FAQs.

Making a Will

When someone dies, it must be established whether they made a Will and whether that Will is valid.

Also, a Will is a key element of any individual's tax planning. Without a Will, the scope for mitigating inheritance tax (IHT) that would otherwise arise on death, is reduced.

While it is possible to alter the provisions of a Will or intestacy to improve

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Latest Private Client News

Private Client weekly highlights—21 August 2025

This week’s edition of Private Client highlights includes: (1) University College London Hospitals NHS Foundation Trust v PK, a case involving the withdrawal of CANH and who and how P’s best interests are to be determined; (2) analysis of CT (by his litigation friend, the Official Solicitor) v London Borough of Lambeth, an important judgment for those assessing capacity, in clarifying the role of insight; (3) analysis of the Privy Council’s decision on the Shareholder Rule (Jardine Strategic Ltd v Oasis Investments); (4) Armstrong v Harrow, a decision on the limits of the equity of exoneration, spousal relationships and direct benefit; (5) further analysis of Sayers v Dixon, an insolvency case concerning artificial transactions and sham trusts; and (6) analysis of the First-tier Tax Tribunal’s decision in Masters on the UK tax treatment of a transferred pension under a double tax treaty.

MoJ announces proposed LPA fee increase from November 2025

The Ministry of Justice (MoJ) has announced that the lasting power of attorney (LPA) application fees will increase from £82 to £92, pending parliamentary approval. The new fee will apply to applications received by the Office of the Public Guardian (OPG) from 17 November 2025. This adjustment aims to better align application income with costs associated with OPG service delivery. Fee exemptions and reductions will continue to be available depending on applicants' financial circumstances, in accordance with His Majesty's Treasury guidance on Managing Public Money.

Question of the week—If a last surviving executor dies after probate has been granted, but there are executors who reserved power to apply for a double grant of probate, who will continue the administration of the estate?

This Q&A sets out the effect on the chain of representation of an executor who has reserved power to apply for a double grant of probate.

Best interests and withdrawal of CANH—who decides and what are the key factors to be considered? (University College London Hospitals NHS Foundation Trust v PK & Another)

Private Client analysis: The Court of Protection determined that it was in the best interests- as defined in s4 Mental Capacity Act 2005 (MCA 2005)—for a 73 year old man (PK) who had suffered from a stroke and had other health problems and who lacked capacity, to continue to be fed by clinically assisted nutrition and hydration (CANH) via a nasogastric tube in a hospital. The Foundation Trust had applied for a declaration- with which PK's family disagreed—that the tube should be removed. The tube needed significant maintenance. The benefits—prolonging his life, allowing him to interact with his family and respecting his religious beliefs, outweighed the burdens; PK being in some pain, the extended time in which he had been in hospital bedbound and that he was unable to comprehend what was happening to him. There were also concerns about the environment required for CANH to continue—unfamiliar people appearing and sensory challenges- and the burdensome nature of intimate care for some of the treatment. Written by Julia Abrey, Consultant at Withers LLP.

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