Legal Drafting - Wills

Question 1

How should each will begin?

Answer 1

This is the last will and testament of me, [name], [occupation], of [address], which I make this [date]

1. I revoke all former wills, codicils and testamentary dispositions.

Question 2

Wills: How can an executor clause be drafted?

Answer 2

I appoint [name and address] to be my executor(s).

If [executor] dies before me, refuses to act or is unable to act, or their appointment does not take effect for any other reason, I appoint [backup executor] of [address].

Question 3

Wills: How can a charity clause be drafted?

Answer 3

(a) I give [x] to [name of charity (Charity registration no.)]

(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.

Question 4

Wills: How can a residuary clause be drafted?

Answer 4

I give all the rest of my property after deducting debts, testamentary expenses and legacies to [x]

Question 5

Wills: How should an appointment of guardians clause be drafted?

Answer 5

If my [wife/husband] dies before me, I appoint, as the guardian of any of my children who are under 18 at my death, [name of guardian] of [address].

If [name of guardian] dies before me, or their appointment does not take effect for any other reason, then I appoint [name of backup guardian] of [address]

Question 6

Wills: How can an attestation clause be drafted?

Answer 6

Signed by [testator] in our joint presence and then by us in his

Question 7

What is the structure of a codicil?

Answer 7

1. I am [name], [occupation], [address]
2. This is my [first, second etc.] codicil to my will dated [date of will] (‘my Will)
3. I make the following amendments to my Will
4. I confirm the rest of my Will

Attestation clause: signature of testator and two witnesses

Question 8

What is the introduction for a deed of variation?

Answer 8

1. This DEED OF VARIATION is made the day of [date]
2. Between: name of original and new beneficiary and addresses
3. Supplemental to the will dated [date] of [name of testator] of [address] who died on [date of death]

Question 9

What is the structure of the main section of a deed of variation?

Answer 9

WHEREAS

(A) Under clause [x] of the Will the Original Beneficiary was given a pecuniary legacy of [x] (‘the Legacy’)

(B) The Original Beneficiary wishes to vary the dispositions effect by the Will in relation to the Legacy in the following manner.

NOW THIS DEED IRREVOCABLY WITNESSES as follows:

1. By way of variation of the disposition made by the Will the Original Beneficiary declares that the Will shall have effect as if the following clause appeared in place of [x]:

[State new clause]

2. State whether IHT or CGT apply for this variation

Question 10

How is a deed of variation signed off?

Answer 10

1. Signed as a deed by [original beneficiary]; Signature
2. In presence of [witness]; Signature of witness; Name [in BLOCK capitals]; Address