Legal Drafting - WAE Flashcards
Example attestation clause
Signed by me [insert name of testator] in our joint presence and then by us in [his/hers] [PRINT NAME OF TESTATOR] ————————
[PRINT NAME OF WITNESS 1] ———————–
[PRINT NAME OF WITNESS 2] ———————–
First line of will (not numbered)
I [insert name] of [insert address] HEREBY REVOKE all former wills and testamentary dispositions AND DECLARE this to be my last will
Residuary gift clause
“I GIVE all the assets I can dispose of by will subject to the payment of my debts and funeral and testamentary expenses and all legacies given hereby or by any codicil hereto (‘my Residuary Estate’) unto…”
5 things to always be included in will
- Front cover
- Commencement
- Revocation
- Burial / funeral wishes
- Domicile
- Executors / trustees
- Guardians (sometimes)
Example attestation clause for blind testator
Signed by [FULL NAME OF TESTATOR] [by [his OR her mark] as a testamentary document in the presence of both of us and then by us in [his OR her] presence, after this document had been read over by [FULL NAME OF PERSON WHO READ DOCUMENT TO TESTATOR] to the testator (who is blind) when the testator seemed thoroughly to understand and approve the contents.
Example attestation clause for T who physically cannot sign
Signed by [FULL NAME OF PERSON SIGNING ON BEHALF OF TESTATOR] [in [his OR her] own name OR with the name of the testator] on behalf of [FULL NAME OF TESTATOR] in the presence of both of us, then by us in [his OR her] presence and at [his OR her] direction, after this document had been read over by [FULL NAME OF PERSON WHO READ DOCUMENT TO TESTATOR] to the testator (who is physically incapable of signing), when the testator seemed thoroughly to understand and approve the contents.
Attestation clause example for T who does not understand English
Signed by [FULL NAME OF TESTATOR] (who understands [FIRST LANGUAGE OF TESTATOR] but cannot read English) in the presence of both of us and then by us in [his OR her] presence after this document had been read over in English and accurately interpreted to the testator by [FULL NAME OF PERSON WHO READ DOCUMENT TO TESTATOR] who understands both English and [FIRST LANGUAGE OF TESTATOR] in our presence when the testator seemed thoroughly to understand and approve the contents.
Attestation clause example for illiterate testator
Signed by [FULL NAME OF TESTATOR] [by [his OR her] mark] in the presence of both of us, then by us in [his OR her] presence after this document had been read over by [FULL NAME OF PERSON WHO READ DOCUMENT TO TESTATOR] to the testator when the testator seemed thoroughly to understand and approve the contents.
Signing of will - clause
Dated: ………………………….
Signed by [TESTATRIX’S FULL NAME] in the
presence of both of us and then by us in [his OR her] presence ………………………….
First witness’ signature Second witness’ signature
…………………………. ………………………….
Full name (in capital letters) Full name (in capital letters)
………………………….. ………………………….
Address Address
…………………………. ………………………….
Occupation Occupation
…………………………. ………………………….
3 main parts of codicil
- Scope of codicil (e.g. ‘I am [insert name]’; ‘this is my first codicil to my will dated…’)
- Amendment(s) to will (e.g. amend, replace, revoke, renumbered etc.)
- Confirmation of remainder of will
Example of jurat at end of affidavit
[Sworn OR Affirmed] by the above named deponent
[SIGNATURE OF DEPONENT]
at: [ADDRESS OF SOLICITOR OR COMMISSIONER FOR OATHS]
this [DATE] day of [MONTH] [YEAR]
before me: [SIGNATURE] [Solicitor OR Commissioner for oaths]
Order of gifts in will
- Specific gifts
- General gifts
- Pecuniary gifts
- Residuary gift
Example commencement clause in will
‘I TOM JAMES JONES sometimes known as JAMES JONES of [ ] a solicitor declare this to be my last will and testament.’
Revocation clause example in will
‘I hereby REVOKE all former wills and testamentary dispositions and declare this to be my last will’
Example burial & funeral wishes clause in will
‘I WISH for any part of my body where possible to be used for transplantation and for the treatment of others but subject to this I request that all burial and funeral arrangements confirm with … law and tradition’
Appointment of executors & trustee clause
‘I APPOINT [ ] and [ ] (hereinafter called ‘my Trustees’) jointly to be the executors and trustees of my will but if either of them shall be unable or unwilling to act I appoint [ ] to fill any vacancy thereby arising’
Appointment of guardian example will clause
‘I appoint [ ] and [ ] jointly to be the guardians of any of my children who have not attained the age of 18 at the death of the survivor of myself and my civil partner’
