Will drafting

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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
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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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
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...
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Produced in partnership with Adam Draper of Shoosmiths 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
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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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
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
Commencement of Will of testator owning property in the UK and in the EU (other than Ireland or Denmark), dealing with UK property only and making an...
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5th Jun
Precedents
Will—to spouse absolutely, then on discretionary trust1RevocationI [full name of testator] of [address of testator] revoke all former testamentary...
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5th Jun
Precedents
Pecuniary legacy to charity or charities with provision against lapse[I give to [name of charity] charity registration number [insert number] of...
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5th Jun
Precedents
Commencement and revocation of Wills and clauses making Will conditional on marriage/civil partnership or another event[I [insert full name of...
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5th Jun
Precedents
Clauses dealing with accruer of share(s) of residue[If [insert full name of beneficiary] of [insert full address of beneficiary] shall predecease me...
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5th Jun
Precedents
Clause dealing with simple accruer of legacyI give [free of tax] to [full name of beneficiary] of [full address of beneficiary] and [full name of...
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5th Jun
Precedents
Clause giving conditional or non—conditional monetary gift to executorsI give [free of tax] to [each of] [insert full name or names...
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5th Jun
Precedents
Clause ensuring personal residence by spouse or civil partner using a periodic tenancyI give my freehold house and land (the Property) at [insert full...
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5th Jun
Precedents
Memorandum of digital assets[To my Attorney(s) named in my EPA/LPA dated ……..AND/ORTo the (Digital) Executor(s) of my Will dated ………]ItemAccess...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings 5th Jun
Precedents
Letter of wishes (with comprehensive drafting notes)LETTER OF WISHESTo the executors and trustees of my Will dated...
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5th Jun
Precedents
Appointment of executors and separate literary executorsI hereby appoint [full name of first executor] of [full address] and [full name of second...
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5th Jun
Precedents
Will—nil rate band legacy on discretionary trust, residue to spouse on flexible life interest trust, remainder to own children absolutely1RevocationI...
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5th Jun
Precedents
1 to [name of donee] all my [ordinary O...
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26th Sep
Precedents
1 I declare that if at my death my net estate shall exceed the nil-rate band for the purposes of Inheritance Tax at that date my...
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26th Sep
Precedents
Produced in partnership with Kerry Bornman of 3 Stone Buildings 1 Digital Assets means an electronic record in which an...
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26th Sep
Precedents
To [insert name of second joint tenant] of [...
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26th Sep
Precedents
I hereby declare that 1 at the date of this my will I have signed and dated and deposited with my solicitors a sealed memorandum...
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26th Sep
Practice notes
The distribution of an estate under Islamic law can be quite complex, and this flowchart sets out both the main steps to be undertake...
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25th Sep

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