Will drafting

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Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
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19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
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19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
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19th May
Precedents
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...
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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Will drafting content

Q&As
In order to maximise availability of business property relief from inheritance tax, is it always necessary to leave business assets in the estate by...
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Produced in partnership with Paul Davies of Clarke Willmott 14th Sep
Practice notes
Will drafting—business interestsIf a testator owns a business interest, this is likely to be their most valuable asset (apart from the family home),...
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13th Sep
Q&As
Do you have Precedents for where the testator would like to donate their body to medical science/research and where the testator wants their body...
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9th Sep
Q&As
Are there any disguised remuneration consequences of leaving shares to an employee under a Will?This Q&A considers whether the provisions set out in...
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Produced in partnership with Christopher Snell of New Square Chambers 6th Sep
Practice notes
The meaning of ‘children’ in Private ClientThe meaning of words commonly found in Private Client drafting and legislation which are intended to refer...
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3rd Sep
Practice notes
Will drafting—signing and storing the WillCORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two...
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1st Sep
Precedents
Will—nil rate band legacy on discretionary trust, residue to spouse on flexible life interest trust, remainder to own children absolutely1RevocationI...
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31st Aug
Precedents
Will—legacy of agricultural property on discretionary trust, residue to spouse absolutely, then to children absolutely1RevocationI [full name of...
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31st Aug
Precedents
Will—to spouse absolutely, then to children absolutely1RevocationI [full name of testator] of [address of testator] revoke all former testamentary...
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31st Aug
Precedents
Will—half to spouse absolutely, half to children absolutely1RevocationI [full name of testator] of [address of testator] revoke all former...
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31st Aug
Precedents
Will—to spouse absolutely, then to children in equal shares absolutely with disabled child’s share being settled on trust1RevocationI [full name of...
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31st Aug
Precedents
Will—legacy of business property on discretionary trust, residue to spouse absolutely, then to children absolutely1RevocationI [full name of testator]...
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31st Aug
Precedents
Making a Will—client guideThis document provides general guidance regarding the reasons for and process involved in making a Will. Your Private Client...
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31st Aug
Precedents
Will—to spouse absolutely, then on discretionary trust1RevocationI [full name of testator] of [address of testator] revoke all former testamentary...
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31st Aug
Precedents
Will—individual, unmarried, no children1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made...
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31st Aug
Precedents
Will—to spouse absolutely, then to children on flexible life interest trust1RevocationI [full name of testator] of [address of testator] revoke all...
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31st Aug
Precedents
Will—fully discretionary1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the...
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31st Aug
Precedents
Will—to spouse on flexible life interest trust, remainder to children absolutely1RevocationI [full name of testator] of [address of testator] revoke...
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31st Aug
Practice notes
Will drafting—the family homeThe family home will, in most cases, form a disproportionately large part of the value of family assets. This will...
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31st Aug

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