Trusts and Inheritance Tax

Drafting a Will

Produced by Tolley in association with Emma Haley at Boodle Hatfield LLP
  • 17 Jan 2022 11:40

The following Trusts and Inheritance Tax guidance note Produced by Tolley in association with Emma Haley at Boodle Hatfield LLP provides comprehensive and up to date tax information covering:

  • Drafting a Will
  • Experience required for Will drafting
  • Basic content of a Will
  • Opening words
  • Revocation of earlier Wills and codicils
  • Appointment of executors
  • Appointment of trustees
  • Appointment of guardians
  • Specific gifts
  • Gift of residue
  • More...

Drafting a Will

This guidance note considers the basic content of a Will and the typical provisions found in most Wills. Other guidance notes in this sub-topic deal with provisions that may be relevant only in certain cases:

  1. Nil rate band

  2. Providing for a spouse or civil partner

  3. Providing for children

  4. Will trusts

  5. Pilot trusts and Will planning

  6. Nil rate band discretionary trusts

Also, see the Checklist ― obtaining information for the client’s Will which can be sent to a client to obtain the relevant information.

You may also want to consider the Is an overseas Will needed? guidance note.

Experience required for Will drafting

Will drafting is more complex than is sometimes appreciated and is generally carried out either by a solicitor or Will-writer. Will drafting is a specialist subject; there are many traps for the unwary. Advisers should also be aware that this is a common area for negligence claims. The unique feature of negligence in the context of Will drafting is that the adviser’s duty of care extends beyond the client making the Will, which means that the risk of a negligence claim arising may be greater.

The loss resulting from negligent Will drafting is suffered by the beneficiaries (or disappointed beneficiaries) after the client has died and so it is the beneficiaries of a deceased client who may make a claim about defective Will drafting. Finally, it is not only the drafting that has to be right, the Will must be valid. This involves making sure that it is correctly

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