Legal Drafting

Question 1

List common clauses in a will

Answer 1

(1) This is the last will and testament of XXX of XXX made on XXX.
(2) Revocation
(3) Appoint executor
(4) Appoint trustee (merge with exec if easier)
(5) Appoint minor guardian’s if applicable.
(6) Pecuniary legacy
(7) Charitable pecuniary legacy
(8) Specific legacy
(9) Personal chattels
(10) Residue
(11) Pass to grandchildren if a child dies before T
(12) Residue with a life interest to T’s children
(13) Broaden the executor/trustees power to invest
(14) Give power for trustee to insure trust property
(15) Power to accept receipt for a minor. This discharges trustees responsibility easily.
(16) Charging clause: allows the executor/trustee to charge for administrating the will or running the trust.
(17) Attestation & signature.

Question 2

What form to use for grant of probate where there is a will?

Answer 2

PA1P

Question 3

What form to use for application for grant of letters of administration where there is no will

Answer 3

PA1A

Question 4

What form to use for inheritance tax account when estate is not excepted?

Answer 4

IHT400

Question 5

What form to use for a claim to transfer unused nil rate band when estate is not excepted

Answer 5

IHT402

Question 6

What form for: claim for residence nil rate band

Answer 6

IHT435

Question 7

What form for: claim to transfer unused residence nil rate band?

Answer 7

IHT436

Question 8

What form for: inheritance tax account for deaths before 1 Jan 2022 when estate is excepted

Answer 8

IHT205

Question 9

What form for: claim to transfer usued nil rate band for deaths before 1 Jan 2022 when the estate is excepted

Answer 9

IHT217

Question 10

What change was made to the requirement for IHT forms from 1 Jan 2022?

Answer 10

No longer needed for excepted estates.