Wills

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Practice notes

Precedents

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Featured Wills & Probate content

Codicils

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...

Missing persons and presumption of death

The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...

Intermeddling in an estate

What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...

Definition of a personal representative

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

Practice notes

Power of appropriation

Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...

9th Nov

Practice notes

Contents of Wills—residuary gifts

What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...

9th Nov

Practice notes

Revocation of Will

Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...

9th Nov

Practice notes

Will drafting—hotchpot

Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....

9th Nov

Practice notes

The chain of representation

Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...

9th Nov

Practice notes

Will errors—affidavit evidence

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Nov

Practice notes

Validity of Wills—rectification of Wills

CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...

9th Nov

Practice notes

Preparing the application form PA1P/PA1A for probate or letters of administration

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Nov

Precedents

Warning to caveator

Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...

9th Nov

Practice notes

Payment of legacies

Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...

9th Nov

In-house

Most recent Wills content

Practice notes

Failure of gifts—lapse

There are a number of reasons why a gift may fail, including where a gift has lapsed. For further guidance on the various reasons for the failure of a...

25th Nov

Practice notes

The meaning of ‘children’ in Private Client

The meaning of words commonly found in Private Client drafting and legislation which are intended to refer to children can differ depending on the...

25th Nov

Precedents

Will questionnaire

This questionnaire is to help us to make an initial assessment of your needs and to enable us to give you the best advice in the light of your...

23rd Nov

Practice notes

Will drafting—planning the Will

Usually, the draftsperson will have met the client to take instructions and will have obtained all the relevant information regarding their...

23rd Nov

Practice notes

Failure of gifts—causes and effect

When the Will is drafted, it is important to consider as many eventualities as possible, to ensure that the gifts made in the Will can take effect as...

20th Nov

Practice notes

Will drafting—taking instructions

CORONAVIRUS (COVID-19): For guidance on the difficulties and practicalities of taking instructions during the coronavirus (COVID-19) pandemic, see...

20th Nov

Precedents

Making a Will—client guide

This document provides general guidance regarding the reasons for and process involved in making a Will. Your Private Client practitioner will be able...

19th Nov

Practice notes

WIQS—Will drafting instructions

The Will drafting part of the WIQS Protocol sets out, in effect, a blueprint for the conducting of a Will drafting transaction. It does not tell the...

19th Nov

Practice notes

Will drafting—hotchpot

Hotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases of partial intestacy...

18th Nov

Q&As

An individual owns a property which they want to leave to the current tenant (who occupies under an Assured Shorthold Tenancy (AST)) on a life interest trust. How should the AST be terminated on the landlord's death (for example, by Will or by letter of wishes to the executors)? If the tenant pays rent under the AST to the trustees (to which the tenant is entitled as life tenant of the life interest trust), what effect does this have on the AST?

You have asked: An individual owns a property which they want to leave to the current tenant (who occupies under an Assured Shorthold Tenancy (AST))...

12th Nov

Q&As

A property is left by Will on a life interest trust. Can the remainderman’s interest be satisfied by an appropriation of cash and is there a time limit for doing so? Does the remainderman’s interest constitute a major interest in a dwelling for the purposes of the stamp duty land tax higher rates on additional dwellings rules?

Acquisition or appropriation of remainderman's interestUnder the life interest trust, the life tenant would either be entitled to live in the property...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 10th Nov

Q&As

If a jurisdiction outside the UK allows for the formal adoption of an adult and the legal formalities for adoption in that jurisdiction have been followed to adopt that adult, would that adopted individual be considered a child when drafting a Will or would the beneficiaries need to be specifically named?

Various jurisdictions outside of the UK recognise the concept of adult adoption. There are a number of reasons why adult adoption might be thought to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Nov

Q&As

Is it possible for two partners of a firm to retire their role as trustees of a trust on behalf of the entire firm and bind all the other partners to this in order to save each and every partner having to sign? Could a similar process be undertaken as when partners renounce to the firm's role as executors on behalf of all of the partners in the firm?

The answer to this question will depend on the precise terms of the Will.There are numerous possible clauses for the appointment of partners in a law...

9th Nov

Precedents

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

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me [to the extent that and so far...

9th Nov

Precedents

Will—individual, unmarried, no children

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...

9th Nov

Precedents

Will—to spouse absolutely, then to children absolutely

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me [to the extent that and so far...

9th Nov

In-house

Precedents

Will—to spouse absolutely, then to children on flexible life interest trust

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...

9th Nov

Precedents

Will—half to spouse absolutely, half to children absolutely

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...

9th Nov

Precedents

Will—to spouse absolutely, then to children in equal shares absolutely with disabled child’s share being settled on trust

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...

9th Nov

Precedents

Will—to spouse absolutely, then on discretionary trust

1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...

9th Nov