Will drafting

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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...
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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...
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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...
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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...
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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...
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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...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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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...
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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...
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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...
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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...
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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...
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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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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...
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19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Will drafting content

Precedents
Will—to spouse absolutely, then to children on flexible life interest trust1RevocationI [full name of testator] of [address of testator] revoke all...
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5th Jun
Practice notes
The meaning of ‘children’ in Private ClientThe meaning of words commonly found in Private Client drafting and legislation which are intended to refer...
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5th Jun
Practice notes
Will drafting—civil partners and same sex marriageCivil partnershipsThe Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their...
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5th Jun
Practice notes
Will drafting—completing and executing the WillCORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two...
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5th Jun
Precedents
Gift of articles with request to distribute them in accordance with testator’s wishesI give to [insert full name of recipient] of [insert full address...
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5th Jun
Practice notes
Will drafting—IHT considerationsFor many testators, the question of how their estate will be affected by inheritance tax (IHT) is a key concern. IHT...
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5th Jun
Precedents
Will—fully discretionary1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the...
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5th Jun
Precedents
Commencement of Will incorporating declaration of mirror but not mutual WillsI declare that notwithstanding that my [Spouse/Civil Partner] is making a...
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5th Jun
Precedents
Appointment of separate executors for UK property and foreign propertyI appoint [full name of first executor] of [full address of first executor] and...
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5th Jun
Precedents
Letter of wishes for chattelsTo the executors and trustees of my Will dated [......................................... OR of today’s date]Under clause...
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5th Jun
Practice notes
Will drafting—planning the WillUsually, the draftsperson will have met the client to take instructions and will have obtained all the relevant...
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5th Jun
Practice notes
Will drafting—gifts to charitiesThere are many reasons why a testator would wish to leave part of their estate to charity. Some may be purely...
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5th Jun
Precedents
Standard revocation and commencement of Will clauseI, [insert name (and any other name the testator is...
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5th Jun
Precedents
Clause appointing digital executorsI appoint [full name of first executor] of [full address of first executor] and [full name of second executor] of...
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5th Jun
Practice notes
Will drafting—professional negligenceDuties in contractThe relationship between a solicitor and client is governed by the terms of the contract...
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5th Jun
Precedents
Clause—legacy of property qualifying for business property relief into discretionary trust1Legacy of qualifying business property on discretionary...
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5th Jun
Precedents
Gift of unincorporated business owned solely by the testator[I give [free of tax] to [insert full name of beneficiary] of [insert beneficiary’s full...
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5th Jun
Precedents
Clause providing against lapse in the case of a gift to a named person and operating as a direct gift to the substituted persons with a variation in...
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5th Jun
Precedents
Appointment of named partners in a firm of solicitors as executors with variations for successor/incorporated practices[I appoint [[insert full...
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5th Jun
Precedents
Clause—legacy of nil rate band on discretionary trust1Legacy of nil rate band on discretionary trust1.1[If my Spouse survives me] I give to my...
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5th Jun

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