Contents of Wills

Contents of Wills guidance:

An annuity is a sum of money payable periodically, out of personal estate. Savery v Dyer (1752) Amb 139 (not reported by LexisNexis®). It is personalty Parsons v Parsons....

Practice Note

Identification Beneficiaries must be clearly identified in the Will, otherwise the gift will fail for uncertainty. When drafting a Will, state the beneficiaries' names...

Practice Note

Types of powers Under a Will or a trust, a person (the appointor) may be given the power to appoint by Will or otherwise to determine how the property of the original...

Practice Note

What a residuary gift comprises The residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been sold during the...

Practice Note

Although it is more likely that the practitioner will be concerned with the operation of the rules of apportionment after the death of the testator, they have to be...

Practice Note

Many Wills are fairly simplistic, merely dealing with a gift of the estate after the payment of debts to a spouse or children absolutely with, perhaps, a variation to...

Practice Note

Executors An executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The omission to appoint one...

Practice Note

Kinds of legacies The terms 'legacy' or 'bequest' are generally only applied to a gift of money or personal item but they can also, in certain circumstances, refer to the...

Practice Note

The rules relating to perpetuities and accumulations stem from the provisions in the Perpetuities and Accumulations Act 1964 (PAA 1964) and from common law. These...

Practice Note

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 part, a beneficiary’s...

Practice Note

Drafting secret trusts A client may wish to create a secret trust. A practitioner acting for such a client should preserve evidence of: • the beneficial interests to...

Practice Note

Trustees' powers As trusts can arise by operation of law as well as by way of express trusts, the law must provide implied powers to enable trustees to carry out their...

Practice Note
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