Will drafting

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

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
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
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...
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
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...
Read More >
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...
Read More >
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
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
Do you have a Precedent to ensure the residence nil rate band (RNRB) is captured? In particular do you have a Precedent to give lineal descendants the...
Read More >
5th Jun
Q&As
Does the Will Precedent which includes a nil rate band discretionary trust (with residue on flexible life interest trust for spouse) include assets...
Read More >
5th Jun
Q&As
Do you have any Precedent clauses for a legacy to a surviving spouse of such amount as they would be awarded on divorce if the testator had not died...
Read More >
5th Jun
Q&As
Can you draft a Will using a testatrix's maiden name if all her ID is in her married name?We refer you to the following Commentary extracts, which...
Read More >
5th Jun
Q&As
Where a Will contains a life interest trust, can a remainderman act as a trustee?No conflict ruleThe self-dealing rule states 'trustees should not...
Read More >
5th Jun
Q&As
How should a gift in a Will to a charity that no longer exists be administered?How to administer the particular legacy in question will depend fully...
Read More >
5th Jun
Q&As
Can trustees of a discretionary Will trust over the testator’s residuary estate appoint assets out to trust beneficiaries during the administration...
Read More >
5th Jun
Practice notes
Will drafting—Islamic Wills (Shia)Every Muslim should deal with the distribution of their estate according to the principles of inheritance set by...
Read More >
5th Jun
Practice notes
Will drafting—applying the EU Succession RegulationOverviewRegulation (EU) No 650/2012 (the Succession Regulation) applies from 17 August 2015 across...
Read More >
Produced in partnership with Michael Wells-Greco and Sophie Hart of Charles Russell Speechlys 5th Jun
Practice notes
Introduction to cryptoassets and blockchain for Private ClientThis Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are...
Read More >
Produced in partnership with James Brockhurst of Forsters 5th Jun
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...
Read More >
5th Jun
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 >
5th Jun
Practice notes
Will drafting—taking instructionsCORONAVIRUS (COVID-19): For guidance on the difficulties and practicalities of taking instructions during the...
Read More >
5th Jun
Practice notes
Will drafting—CGT considerationsWhen preparing a Will, the practitioner will be primarily focusing, at least so far as tax is concerned, on exploiting...
Read More >
5th Jun
Practice notes
Will drafting—gender recognition and parentage issuesThere are many occasions when a gift in a Will is made to an individual by way of description,...
Read More >
5th Jun
Practice notes
Will drafting—disabled beneficiariesTestators who find themselves in a position where they are obliged or feel obliged to look after disabled...
Read More >
5th Jun
Practice notes
WAM key features and FAQsKey features of the Will and attorney makerThe Will and attorney maker (WAM) is a Will-based product (as opposed to a...
Read More >
5th Jun
Practice notes
Will drafting—business assetsApart from the family home, a testator's business will be their most valuable asset either in terms of its actual cash...
Read More >
5th Jun
Precedents
Appointment of executor(s) limited to business property as definedI appoint [full names of the business property executor(s)] of [full address(es) of...
Read More >
5th Jun

Popular documents