Will drafting

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

Q&As
Pecuniary legaciesA pecuniary legacy is defined in section 55(ix) of the Administration of Estates Act 1925 (AEA 1925). It can include an annuity and...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
Read More >
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,...
Read More >
19th May
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
Read More >
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
Read More >
Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
Read More >
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...
Read More >
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...
Read More >
19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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...
Read More >
19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
Read More >
19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Read More >
Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 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...
Read More >
19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
Read More >
19th May

Most recent Will drafting content

Q&As
How is a specific gift of a house in a Will treated for Inheritance Tax (IHT) where the gift in the Will is not expressly stated to be free of tax?The...
Read More >
5th Jun
Q&As
Would the residence nil rate band be available on a contingent gift of land to a direct descendant on attaining 18, 21 or 25?The residence nil rate...
Read More >
5th Jun
Q&As
Does section 33 of the Wills Act apply where a clause in a Will gives residue to 'such of my children who are alive at the date of my death'. There is...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
T is the sole shareholder of a property investment company. On T’s death, T wants the company to be wound up and its properties distributed to...
Read More >
5th Jun
Q&As
Do you have a precedent hotchpot clause for a Will?This is a Q&A about the doctrine of satisfaction and a hotchpot clause for a Will (ie that the...
Read More >
5th Jun
Q&As
Where an individual is bound by court order to make provision in their Will for an ex-spouse, but only if the life insurance policy is insufficient,...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Q&As
How is the phrase 'the sum of £2000 to be held on trust for such of my great-grandchildren who shall attain the age of 18 years and if more than one...
Read More >
5th Jun
Q&As
Does a life interest in a will give a co-owner the right to reside or a right of occupation in the property?The nature of a life interestUnlike joint...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Q&As
How should a clause leaving the benefit of a debenture in a Will be drafted?The nature of debenturesA debenture is an instrument in favour of a lender...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Q&As
Do you have a Precedent clause relating to choice of law in relation to succession under Regulation (EU) No 650/2012 of the European Parliament and of...
Read More >
5th Jun
Q&As
Do you have a Will Precedent containing a power for beneficiaries to waive repayment of a loan due to the estate from a loan trust insurance...
Read More >
5th Jun
Q&As
I am inundated with clients who want new Wills due to the coronavirus (COVID-19) situation, but have no childcare. Could I be a key worker?Clearly the...
Read More >
5th Jun
Q&As
Can a testator leave a right of occupation for only one half of a property?See Practice Note: Will drafting—the family home which explains some of the...
Read More >
5th Jun
Q&As
T has moveable assets (cash investments) located in the USA. Should T make a US Will to deal with these assets, or can T’s UK Will deal with them?We...
Read More >
5th Jun
Q&As
Do you have a precedent which creates a life interest in property for the testator's spouse with the remainder to others?For an example of a precedent...
Read More >
5th Jun
Q&As
Is it necessary for witnesses to append their addresses to a Will at the time of execution?We refer you to section 9 of the Wills Act 1837 (WA 1837)...
Read More >
5th Jun

Popular documents