wills and intestacy drafting Flashcards
will/will clauses
- scope of this will
- funeral wishes
- appointment of guardians
- appointment of executors and trustees
- personal possessions
- money
- administration of the estate
- gifts
- trusts
- default git
- schedules and administrative provisions
schedule
1. meaning of words in this will
definitions
references
iht
how should each will begin?
This is the last will and testament of me, name, occupation, of address, which I make this (date)
- I revoke all former wills, codicils and testamentary dispositions.
codicil
deed of variation
clause
1. definitions
2. variation
3. statement
schedule
1. documents and events
2. assets
3. residuary estate
- This DEED OF VARIATION is made the day of (date)
- Between: name of original and new beneficiary and addresses
- supplemental to the will dated (date) of (testator) of (address) who died on date of death.
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 deed 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 Clause X
state new clause
- state whether hit or cut apply for this variation.
signed off: signed as a deed by original beneficiary in the presence of witness
estate accounts
- I am (name), Occupation, address
- this is my first, second etc codicil to my will dated (date of will) (my Will)
- I make the following amendments to my Will
- I confirm the rest of my will
attestation clause: signature of testator and two witnesses
how can an executor clause be drafted?
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 (back up executor of address).
charity clause
a) I give X to name of charity + charity registration number
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 fiufils the objects of the charity
c) the receipt of a person who appears to be a property officer of the charity or any substituted charity shall be a sufficient discharge to my executor.
residuary clause
I give all the rest of my property after deducting debts, testamentary expenses, and legacies to X of X
guardians
If my wife/husband dies before me, I appoint, as the guardian of my children who are 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 back up guardian of address)
attestation clause
