Will drafting

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Will drafting guidance:

Digital assets survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age....

Practice Note

This Practice Note explains the phenomenon of ‘crypto-assets’, namely assets which are issued using distributed ledger technology, alternatively known as blockchain...

Practice Note

This Practice Note provides an introduction to marital agreements as a wealth protection tool and the case of Radmacher v Granatino for Private Client practitioners. For...

Practice Note

When someone dies, it must be established whether they made a Will and whether that Will is valid. If the deceased did not leave a valid Will, they are intestate and the...

Practice Note

The distribution of an estate under Islamic law can be quite complex, and this flowchart sets out both the main steps to be undertaken on death and the beneficiaries that...

Practice Note

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

Practice Note

It is always important to be aware of the effect of a gift to children in respect of the use of the term children. At common law references to children were presumed to...

Practice Note

UPDATE: Following the EU Referendum on 23 June 2016, the decision of the UK to leave the EU will not affect the application of Regulation (EU) No 650/2012 in relation to...

Practice Note

Apart from the family home, a testator's business will be their most valuable asset either in terms of its actual cash value or its importance as an income-earning asset....

Practice Note

When preparing a Will, the practitioner will be primarily focusing, at least so far as tax is concerned, on exploiting the testator's nil rate band and any available...

Practice Note

Civil partnerships The Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their partnerships in the position of married couples in relation to...

Practice Note

The preparation of a Will may be one of the most significant services that a practitioner will perform for their client. In many cases it will require substantial and...

Practice Note

Having completed the Will, the practitioner must make arrangements to have it signed and witnessed. Executing the Will There are basically two ways for the Will to be...

Practice Note

Testators who find themselves in a position where they are obliged or feel obliged to look after disabled relatives are in a difficult position. What they can or should...

Practice Note

UPDATE:Following the EU Referendum on 23 June 2016, the decision of the United Kingdom to leave the EU will not affect the application of Regulation (EU) No 650/2012 in...

Practice Note

There are many occasions when a gift in a Will is made to an individual by way of description, such as 'my son'. This would appear to be fairly obvious and simple but...

Practice Note

There are many reasons why a testator would wish to leave part of their estate to charity. Some may be purely altruistic but it is not uncommon for a testator to use such...

Practice Note

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

Practice Note

A Will is not a tax planning tool and can do no more than exploit the nil rate band and any available exemptions or reliefs. Few estates are subject to IHT although for...

Practice Note

Every Muslim should deal with the distribution of their estate according to the principles of inheritance set by Islamic law. Dealing with all the Muslims sects would be...

Practice Note

By this stage, the draftsperson will have met the client to take instructions and obtained all the relevant information regarding their circumstances. Armed with this and...

Practice Note

Duties in contract The relationship between a solicitor and client is governed by the terms of the contract between them. This is supplemented by statute in the form of...

Practice Note

It may seem strange to many people but sometimes clients take a great deal of convincing of the need to make a Will. With approximately 60% of the adult population...

Practice Note

Even though the instructions to draft a Will may appear to indicate that only a simple Will is required, a high level of skill is still needed in order to draft it...

Practice Note

The family home will, in most cases, form a disproportionately large part of the value of family assets. This will provoke a number of issues, among the most important...

Practice Note