Drafting - Probate to Memorise Flashcards
What are the introductory words which indicate that the document is intended to be a will?
“This is the last will and testament of me ……. of ……. made on……”
What should the second point of a will be?
A revocation clause.
“I revoke all former wills and testamentary dispositions made by me.”
Wills - what should be included following the revocation clause?
Appointment of executors
How should a will appoint an executor ?
“I appoint …… of …….. and …….. of …….. to be my executors)
How should a will appoint executors and trustees if they are to be the same people?
“I appoint ….. of …….. and ……. or ……. (in my will called “my Trustees”) to be my executors and trustees”
How are simple pecuniary legacies made in a will?
“I GIVE to …… [provided he/she survives me by 28 days] the sum of £ …… [free of tax] [subject to tax]”
What should a pecuniary legacy to a charity make provision for in a will?
A pecuniary legacy to a charity should make provision for the charity amalgamating or ceasing to exist before the testator’s death, and for a receipt to discharge the executors/trustees from liability once they have paid the legacy to the charity
How might a charitable legacy be written?
“(a) I give to …… (“the Charity”) for its general charitable purposes the sum of £….
(b) If at my death the Charity has ceased to exist or has amalgamated with another charity or has changed its name my Trustees 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 of any substituted charity shall be a sufficient discharge to my Trustees.
How are specific legacies written in a will?
I GIVE to …. [provided he/she survives me by 28 days] [my engagement ring]
How is a gift of all personal chattels gifted in a will?
“I give to …. [provided he/she survives me by 28 days] my personal chattels as defined by Administration of Estates Act 1925 [s.55(1)(x)] [except those which are the subject of specific gifts in this my will].
How should a gift of residue to a spouse/civil partner with a survivorship clause be written in a will?
(a) If my [husband] [wife] [civil partner] survives me by 28 days then I give all my estate not otherwise disposed of (subject to the payment of my debts funeral and testamentary expenses) to [him] [her] absolutely.
(b) If my [husband] [wife] [civil partner] does not so survive me then [I give]
How should a gift of residue to all nephews and nieces living at death be written in a will?
“Subject to the payment of my debts and executorship expenses I give all my estate not otherwise disposed of to such of my nephews and nieces as may be living at my death and if more than one in equal shares.”
What will be written in a will if a gift of residue on trust with absolute interests in. created? E.g., allowing for grandchildren to take by substitution the share of the estate which a child would have taken had they not predeceased
I give all the rest of my estate to my Trustees upon trust to pay by debts funeral and testamentary expenses [and legacies] and to hold the balance (“my Residuary Estate”) on the following trusts:
(a) to pay my Residuary Estate to such of my children as are living at my death [who attain the age of [21]] and if more than one in equal shares provided that
(b) if any child of mine shall die before me or before attaining a vested interest in my Residuary Estate leaving a child or children living at his or her death, such child or children shall provided they attain the age of 18 take by substitution and if more than one in equal shares the share of my Residuary Estate which his, her or their parent would have taken had he or she survived me and attained a vested interest.
What will be written in a will if a gift of residue on trust with a life interest is created? E.g., providing for a life interest followed by a remainder to the testator’s children, or if they have died before the testator, than their children, who take their dead parent’s share.
(a) I give all the rest of my estate to my Trustees upon trust to pay my debts funeral and testamentary expenses and legacies and to hold the balance (“my Residuary Estate”) on the following trusts:
(i) to pay the income to my [husband] [wife] [civil partner] during [his][her] lifetime and then
(ii) to pay my Residuary Estate to such of my children as are living at my death [who attain the age of [21]] and if more than one in equal shares provided that
(b) if any child of mine shall die in my lifetime or after me but before attaining a vested interest in my estate leaving a child or children living at my death such child or children shall provided they attain the age of 18 take by substitution and if more than one in equal shares the share of my Residuary Estate which his, her or their parent would have taken had he or she survived me
What could the will state to provide for minors to be able to give receipt?
“In any case where they have an obligation or a discretion under the provisions of my will or under the general law to pay income or capital to or for the benefit of a minor to discharge that obligation or to exercise that discretion if they think fit by making payment either to a parent or a guardian of the minor or to the minor personally if of the age of [16] at least and so that their respective receipts shall be a full discharge to my Trustees who shall not be required to see to the application of any income or capital so paid.”
