Introduction

Question 1

What is a Will?

Answer 1

A document by which a person (the testator) appoints executors to administer his estate after his death, and directs the manner in which it is to be distributed to the beneficiaries he specifies.

Question 2

What does ‘Ambulatory’ mean?

Answer 2

A Will, whether it has been validly executed or not is of no effect and creates no immediate benefit or property rights for the beneficiaries until the testator’s death.

Question 3

Can a person change their Will?

Answer 3

As long as the testator retains the required mental capacity, he is free to change his Will at any time before his death.

Question 4

What must the testator ‘have’ in order for a Will to be valid?

Answer 4

The testator must have ‘animus testandi’.

Question 5

What does ‘animus’ testandi’ mean?

Answer 5

The intention to make a Will.

Question 6

Can a Will be created on behalf of a testator?

Answer 6

A Will can be directed to be made on behalf of the testator only by the Court of Protection where the testator lacks the mental capacity to do so.

Question 7

Is a testator able to leave his estate to anyone he wants?

Answer 7

Yes, the testator is free to leave his estate in whatever manner he sees fit, no matter how foolish, capricious or improvident the disposition may appear to be.

Question 8

What is ‘forced heirship’?

Answer 8

In some civil jurisdictions, they typically have legal provisions establishing rights of mandatory succession by defined classes of relatives, with limited scope for others to inherit.

Question 9

What will happen to a person’s estate if they do not have a valid Will?

Answer 9

In the absence of a valid Will s46 Administration of Estates Act 1925 (as amended) will impose a statutory distribution on the intestate estate.

Question 10

Why is there an increased need for a Will?

Answer 10

In recent years there has been a big increase in private wealth throughout society and an increase in the taxation of wealth on death.

Question 11

State six reasons how a valid Will can ensure an orderly transmission of a testator’s wealth

Answer 11

1. Avoid intestacy
2. To make sure that those with special needs ( e.g. a disabled child) are provided for
3. Take measures for the protection of family businesses
4. Plan an orderly devolution of wealth through the generations in a family
5. The use of trusts to bring flexibility into future distributions
6. Avoid unnecessary levels of taxation