A will, a draft of a will, written instructions for a will made by or at the requests of, under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy; of a will which is alleged to have been lost or destroyed.

Private Client analysis: To what extent will the courts provide for infants claiming against the estate of a deceased parent? As Guy Holland of the 36 Group, 36 Bedford Row, explains, the court in Ubbi and Anori (minors) v Ubbi emphasised the importance of testamentary freedom, and the limitation imposed by statute that a claim on behalf of children is limited in value by reference to their maintenance needs only.

A testamentary power of appointment is a power, usually created by a trust or will, letting a named person (the donee) decide by will who takes specified property and in what shares on death. Powers are either general (appointable to anyone, including the donee’s estate) or special/limited (appointable only among a defined class (objects)). The power can be exercised only by will; any lifetime attempt is ineffective. If it is not exercised, the property passes to the takers in default named by the donor, or on resulting trust.Such powers are common in will trusts, life interests and family settlements, preserving flexibility over the ultimate destination of trust assets. Formalities and construction derive from general wills and trust law rather than a codifying statute: in England and Wales and Northern Ireland, a sufficiently general residuary gift may operate to exercise a general testamentary power unless a contrary intention appears; similar principles apply in Scotland and Ireland. Appointments must comply with any stated conditions and with the fraud on a power doctrine. For UK tax, property subject to a general testamentary power is usually treated as part of the donee’s estate for inheritance tax; special powers are not.

A trust declared by will.

Testate succession refers to the devolution of a deceased person’s estate in accordance with a valid will, as opposed to intestate succession where no valid will exists. In practice, it covers the distribution of property, appointment of executors (or executors-dative in Scotland where applicable), and the administration of the estate in line with the testator’s expressed intentions.Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent, though the underlying succession, probate and confirmation procedures differ by jurisdiction. The term is mainly descriptive rather than a defined statutory term, but it operates within detailed legislative frameworks (including forced heirship rules in Scotland and statutory shares for spouses and civil partners in Ireland).Key legal features include capacity and formal validity of the will, revocation, interpretation of testamentary provisions, and the impact of family provision or legal rights claims. Testate succession is central to private client, trusts and estates practice, affecting tax planning, will drafting, contentious probate and succession litigation. It is frequently contrasted with intestacy when advising on estate planning and risk management.

An individual who has executed a Will.

To testify is to give evidence as a witness in legal proceedings, usually on oath or affirmation, in court or before a tribunal or inquiry. In everyday legal practice across England and Wales, Scotland, Northern Ireland and Ireland, the term is used broadly to describe a witness’s oral evidence, whether in civil or criminal cases.While “testify” itself is not usually a defined statutory term, the process is governed by detailed rules on witnesses and evidence, including the requirement to swear an oath or affirm, rules on competence and compellability of witnesses, and cross-examination by opposing parties. In Scotland, the equivalent technical expression is often “to give evidence”, but “testify” is widely understood.Testifying carries legal duties: to tell the truth, to answer questions unless a recognised privilege applies (such as legal professional privilege or the privilege against self-incrimination), and to comply with procedural directions. False testimony may constitute perjury or contempt of court.The term applies to lay witnesses, expert witnesses and, in some contexts, parties themselves when they give oral evidence. It is central to fact-finding in trials, hearings and commissions of inquiry across all four jurisdictions.

The attestation clause at the end of a deed.

Law360, Expert analysis: In a June 2024 decision in Eternity Sky Investments Ltd v Xiaomin Zhang, carrying potentially important implications for consumer-facing businesses, the Court of Appeal of England and Wales considered the UK's public policy of protecting consumers and how it interacts with the public policy of enforcing international arbitration awards.

Information Law analysis: This was a High Court case involving issues of confidentiality, trade secrets and copyright. It centred around two firms who had entered into a non-disclosure agreement (NDA) and subsequently embarked on a joint venture to set up an investment fund. Following the breakdown of the business relationship, one of the firms, Atlana, set up its own fund which was very similar to the one envisaged under the joint venture. The High Court ruled that in setting up its own fund, Atlana had breached the terms of the NDA by misusing confidential information and in turn had also infringed trade secrets. The judgment reinforces the importance of precise drafting in NDAs and provides clarifications around the meaning of information being in the public domain. It also emphasises the importance of originality when establishing copyright infringement, particularly in the context of business presentations and other materials which may be more difficult to prove. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

IP analysis: This case involved a claim that a rowing machine (the WaterRower) attracted copyright protection as a work of artistic craftsmanship under section 4(1)(c) of the Copyright Designs and Patents Act 1988 (CDPA 1988). It required the court to consider a conflict between the tests for such protection under UK and EU law. In previous cases, judges had avoided this conflict but this was not possible here. The Judge, unable to reconcile the conflict, held that the WaterRower was not a work of artistic craftsmanship under UK law, but that it would have been protected under EU law. This is a significant case exploring the outer limits of copyright protection, of particular importance to designers of all kinds. It is also an illustration of some of the complexities which flow from the UK having retained elements of EU law post-Brexit, but removed the ability of our courts to refer questions to the Court of Justice. Written by Phil Sherrell (partner and head of London) and Shiv Gupta (trainee solicitor), at Bird & Bird LLP.

Ireland—Employment analysis: This article was written by Nuala Clayton, Jenny Martin and Joseph Hewitt of William Fry LLP. It examines the statutory right to request remote work arrangements under the Work Life Balance and Miscellaneous Provisions Act 2023 in Ireland. It highlights recent decisions by the Workplace Relations Commission (WRC) regarding complaints from employees whose requests for remote work were not granted. The WRC's decisions reveal limitations in its ability to compel employers to approve such requests, emphasizing that the final decision rests with the employer. The article also discusses potential risks for employers, such as discrimination claims under the Employment Equality Acts.