Will drafting protocols

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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 protocols content

Practice notes
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...
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19th Nov
Q&As
A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal...
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28th Sep
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep
Q&As
The general principle in England and Wales is that a testator may leave their assets to whomsoever they please—known as freedom of testation. This...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Where an individual signs a Will in a foreign language and it is known that they do not have a good understanding of that foreign language, there is a...
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28th Sep
Practice notes
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Wills and provides answers or guidance on some of the main issues...
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26th Sep
Practice notes
Having drafted the Will it is necessary to confirm that it is what the client wants and needs. This Practice Note takes the practitioner from the...
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25th Sep
Practice notes
The WIQS requires a number of general and basic obligations to the client that must be met and these can be seen as complementary to the core...
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25th Sep
Practice notes
In comparison with the Wills and Inheritance Quality Scheme introduced by the Law Society the STEP code is underwhelming. However, they are probably...
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25th Sep
Practice notes
There will be occasions when the client has a disability and the practice has to be in a position to ensure that it is able to ensure there is no...
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25th Sep
Practice notes
After instructions have been given for the preparation of a Will, it is necessary to plan not only what the Will should contain but also to consider...
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25th Sep
Practice notes
The practice should have a number of policies in place that address their Will drafting procedures. This Note enables the practice to check off that...
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25th Sep
Practice notes
The Will drafting element of the WIQS suggests a number of very specific areas upon which a client should be advised. It generally provides for two...
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25th Sep
Practice notes
The Wills and Inheritance Quality Scheme is designed to produce, as stated by the Law Society, a quality standard for the production of Wills and the...
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25th Sep
Practice notes
In order to be able to qualify for the WIQS 'kitemark', practices will have to satisfy, firstly and crucially, a number of core standards by adopting...
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25th Sep
Practice notes
According to SRA research, 25% of Wills produced were 'not fit for clients' purposes'. Their subsequent guidance is an attempt to remedy this and came...
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25th Sep

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