Will drafting

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Practice notes
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...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
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...
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9th Nov
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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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Will drafting content

Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. The effect of Brexit on the EU Succession Regulation...
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Produced in partnership with Michael Wells-Greco and Sophie Hart of Charles Russell Speechlys 23rd Apr
Precedents
Action√DateWill questionnaire and Making a Will—client guide sent to client(s)Terms of business letter and other client care information sentAnti...
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23rd Apr
Precedents
GENERAL INFORMATIONClientSpouse/civil partnerNameAddressTelephone numberMobile numberEmail addressDOBChildrenNamesDOBPrevious marriage(s) Yes (provide...
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23rd Apr
Practice notes
This Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are issued using distributed ledger technology, alternatively known...
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Produced in partnership with James Brockhurst of Forsters 19th Apr
Precedents
1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me [to the extent that and so far...
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15th Apr
Precedents
1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...
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15th Apr
Precedents
1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me [to the extent that and so far...
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15th Apr
Practice notes
Usually, the draftsperson will have met the client to take instructions and will have obtained all the relevant information regarding their...
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9th Apr
Practice notes
Civil partnershipsThe Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their partnerships in the position of married couples...
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9th Apr
Practice notes
Duties in contractThe relationship between a solicitor and client is governed by the terms of the contract between them. This is supplemented by...
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9th Apr
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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Produced in partnership with Keith Bruce-Smith and Katie Walsh of Sinclair Gibson LLP 9th Apr
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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9th Apr
Practice notes
CORONAVIRUS (COVID-19): For guidance on the difficulties and practicalities of taking instructions during the coronavirus (COVID-19) pandemic, see...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Hotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases of partial intestacy...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr

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