Wills Flashcards
Drafting a will
All names in capitals
Commentary is added to each clause
Funeral wishes are not binding, write it in letter of wishes, instead of will - if there is one
If testator wants to half the portion of lots of items to issues, as well as residuary, put these items in the residuary estate and then half
Make sure you give reasons for any small amounts, to reduce chances of inheritance act family provisions 1975 claims
Include conduct issues if necessary
Power to reserve headings
Left : NOTICE OF POWER RESERVED
Right : extracted by: solicitor address
Left: IN THE HIGH COURT OF JUSTICE FAMILY DIVISION LEEDS DISTRICT PROBATE REGISTRY
IN THE ESTATE OF XXX DECEASED
TO
person
Power to reserve first paragraph
(Deceased) of (estate) died on the (date) having made and duly executed his last will and testament, bearing the date of (date if will)
Powers to reserve, second paragraph
(Other executor) of (address( one of the executors named in the said will intends to make an application for a grant of representation a in the above estate wherein power to apply for a life grant is to be reserved to you as the other executor so named
End of power of reserve
Dated the
Signed
caveat
form to fill - PA8A. literally just details and if you have filled out the probate forms for finance
citation
In the high court of justice, family division
in the estate of [deceased]
Charles the third, by grace of god of UK
to [] of [address]
WHEREAS it appears by [] that the deceased dies… appoint you as executor
NOW THIS IS TO COMMAND YOU , within 8 days of service of this citation cause appearance to accept or refuse this position
AND THAT FURTHER NOTICE that if default, the court will proceed with your absence
DATE
EXTRACTED BY [solicitor]
SIGNED [district judge]
Codicil
I, [] of [] declare this to be my first/second codicil to my will, dated [].
by clause [] of my will, I appoint / i now directot that…
i declare that the follwing wording be substituted …
I all other respects I confirm.
witness, signed, 2 witnesses.
variation
DEED OF VARIATION dated
parties
supplemental to will dated [], of [] and address.
recitals
in respect of clause [] of will
under clause []
the original beneficiary wihses to vary their entitlement as follows:
THIS DEED PROVIDES
variation in favour of the new beneficiairy
writing back into the will as per s 142 trustees act.
EXECUTION - original beneficiary and signature
Affadavit
IN THE ESTATE OF [testator]
I, [witness] of [address], make oath and say:
I am one of 2 subscribing witnesses to the will of [testator]. the other is []. the will is dated [].
the testator executed the will on [date] by signing name as that name now appears on the will. with both present at the same time in the room
SWORN by above named person
at [solicitors]
[date]
before me [solicitor]
