Codicil drafting Flashcards
How is the codicil executed?
In the same way as a will
Drafting a codicil and using clause numbers from will
It is good practice to use the relevant clause numbers in a will when drafting the codicil. Also good practice to describe an amendment fully in narrative e.g the type of gift and name of beneficiary
How to commence the codicil
1, [NAME] of [ADDRESS], make this my first codicil to my will dated [DATE OF WILL] (my “Will”)
Clause to add where the executor or trustee appointed in the will has died and their replacement
- I record with regret and sadness that [NAME OF EXECUTOR/TRUSTEE] of [ADDRESS OF TRUSTEE/EXECUTOR], nominated in my Will to act as a executor/Trustee, has died.
- I revoke the appointment of [NAME OF DECEASED EXECUTOR/TRUSTEE] as a executor/Trustee and appoint in his/her place [NAME] of [ADDRESS] as a executor/Trustee.
Making a gift in a will or codicil to an executor
Need to make it clear whether the gift depends on the executor taking up the appointment. E.g ‘I give £5,000 to each of my Executors/Trustees who proves my Will’.
Clause to revoke a gift in a will
This might be because the beneficiary has died or they’ve fallen out with with the beneficiary.
E.g ‘I revoke the gift in clause 4 of my Will of my [diamond necklace] to [NAME OF BENEFICIARY]’.
If you want to replace a clause e.g change legacy and add in a contingency
I replace [clause 5] of my Will with the following [clause 5]. I give, £20,000 to my grandson, [NAME] provided he reaches the age of 25.
If you’re inserting a new clause
I insert the following new clause [6(a)] between [clause 6] and [clause 7] of my Will. By [clause 6(a)], I give £20,000 to [NAME] of [ADDRESS]
If you’re adding something into a clause
E.g I insert in [clause 7] of my Will between the words ‘death’ and ‘to’
Or
I insert at the end of clause 7 of my Will the following words
Closing formalities
I confirm the rest of my Will.
Dated:
Signed by [NAME OF TESTATOR] in the presence of both of us and then by us in her presence
First witness
Second witness
Appointing solicitors as executors
I appointment the persons who at the date of my death are the directors, members and beneficial owners of any share of the limited liability partnership of [NAME] of [ADDRESS] to be my executors and trustees and I express the wish that no more than two of them shall prove my will and I declare that any professional trustee is entitled to charge and be paid, reasonable remuneration for any services that they or their firm provides
Giving money to charity
a) I give £20,000 to [] (Charity registration number:) (the Charity) for its general charitable purposes
b) If at my death the Charity has ceased to exist or has amalgamated with another
charity or has changed its name my Executor shall pay it to the charitable organisation which they consider most nearly fulfils the objects of the Charity
c) The receipt of a person who appears to be a proper officer of the Charity or any substituted charity shall be a sufficient discharge to my Executor.
