SQE2 - Drafting

Question 1

What are the key clauses of a Will?

Answer 1

• Scope of Will: Who? ‘Revoke previous’. Confirm, if similar to spouse’s, the wills are not made pursuant to agreement and are free to revoke/change at any time.
• Funeral Wishes
• Guardians (remembering only applies if other legal parent is predeceased)
• Appointment of Executors and Trustees
• Personal Possessions
• Money
• Estate administration
• Gifts / Trusts
• Gift of the “Trust Fund” (residue)

Question 2

What is the layout of a Deed of Variation?

Answer 2

1. Front cover: Date at top. Specify this is a Deed of Variation, and whose estate it relates to. Capitalise the testator. Then, state who it is ‘between’ - the person giving-up an entitlement is named first, followed by the person who is gaining.
2. Contents Page
3. Page for Parties, Background, Operative Terms
4. Schedules (Documents and Events, Assets, Net Residuary Estate)
5. Signed as a deed by … (signature of new beneficiary alongside. Signature of witness).

Question 3

What’s in the Contents Page?

Answer 3

CLAUSE (list all the clauses)
SCHEDULE (list each Schedule)

Question 4

How are Parties referred to?

Answer 4

• Names capitalised with addresses for each
• Defined as Current beneficiary, New beneficiary, Executors

Question 5

What is referred to in “Background”?

Answer 5

• Name of T and when they died
• Left a Will (Schedule 1)
• Brief description of the Current Beneficiary’s entitlement
• Current B wishes to vary entitlement ‘as follows’