Wills: A Practical Guide
2nd Edition
Published on 16. September 2019
Book
Paperback/Softback
312 pages
978-0-85490-274-3 (ISBN)
Description
This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style.
It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator's capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on.
There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas.
These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court's decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required.
The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems.
There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists.
'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.
It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator's capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on.
There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas.
These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court's decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required.
The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems.
There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists.
'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.
Reviews / Votes
' ...an easy to use introduction for someone new to will writing or a useful reminder for the more experienced practitioner.' From a review in Law Society Gazette.More details
Edition
2nd Revised edition
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Lawyers with an interest in wills and probate
Edition type
Revised edition
Dimensions
Height: 216 mm
Width: 138 mm
Weight
380 gr
ISBN-13
978-0-85490-274-3 (9780854902743)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Previous edition
Book
09/2016
Wildy, Simmonds and Hill Publishing
€112.85
Shipment within 15-20 days
Content
Preface
1 WILLS AND OTHER DEATH DISPOSITIONS
1.1 Why make a will?
1.2 What wills can give away
1.3 What wills cannot give away
1.4 Intestacy
2 RESTRICTIONS ON TESTAMENTARY FREEDOM
2.1 Introduction
2.2 Inheritance (Provision for Family and Dependants) Act 1975
2.3 Mutual wills
2.4 Contract to leave property by will
2.5 Proprietary estoppel
3 TESTAMENTARY CAPACITY AND INTENTION
3.1 Introduction
3.2 Testator's age and physical capacity
3.3 Testator's mental capacity
3.4 Testator's intention
3.5 Practical issues for the practitioner preparing the will
4 REQUIREMENTS FOR VALID EXECUTION
4.1 Introduction
4.2 A simple recipe for getting it right
4.3 Formalities in section 9 of the Wills Act 1837
4.4 Practicalities of execution
4.5 Codicils
4.6 Wills made outside England and Wales and
section in 1 of the Wills Act 1963
4.7 Wills not subject to section 9 of the Wills Act
1837
5 REVOCATION OF WILLS
5.1 Freedom to revoke wills
5.2 Methods of revocation
5.3 Revocation by a later will or codicil
5.4 Revocation by destruction
5.5 Revocation by subsequent marriage or formation of a civil partnership
5.6 Effect of divorce and dissolution
5.7 Conditional revocation
5.8 Revocation and privileged wills
6 ALTERATION TO WILLS AND USE OF CODICILS
6.1 Alterations made before execution
6.2 Alterations made after execution
6.3 Use of codicils
7 CONSTRUCTION AND INTERPRETATION OF WILLS
7.1 Introduction
7.2 General principles of construction
7.3 Applying basic rules of construction
7.4 Using extrinsic evidence as an aid to construction
7.5 From which date does a will speak?
7.6 Omitting, changing and supplying words
7.7 Class gifts and the class closing rules
7.8 Defining children and other relatives
8 WHY GIFTS IN WILLS MIGHT FAIL
8.1 Reasons for failure
8.2 Disclaimer
8.3 Ademption
8.4 Lapse
8.5 Forfeiture
8.6 Beneficiary witnesses will
8.7 Uncertainty
8.8 Contrary to public policy
8.9 Gift induced by force, fear or undue influence
8.10 Doctrine of satisfaction
8.11 Abatement
9 WILLS DEALING WITH PROPERTY ABROAD
9.1 Problems caused by owning foreign property
9.2 Forced heirship
9.3 Community of property
9.4 The EU Succession Regulation
9.5 How many wills?
9.6 Helping clients to deal with local lawyers
10 LOCATING AND STORING WILLS
10.1 Storing wills
10.2 Locating lost wills
10.3 Obtaining probate in absence of the original will
11 APPOINTMENT OF EXECUTORS AND TRUSTEES
11.1 Why appoint executors?
11.2 Executors distinguished from administrators
11.3 Drafting the executor's appointment
11.4 Who can be appointed?
11.5 Remuneration of executors
11.6 How many executors?
11.7 Executors as trustees
11.8 Limited and special appointments
11.9 Conditional, substitute and alternative appointments
11.10 Failure of appointment - divorce/annulment, renunciation and uncertainty
11.11 Protecting executors and trustees
11.12 Some other issues relating to executors
12 APPOINTMENT OF TESTAMENTARY GUARDIANS
12.1 Introduction
12.2 Who can appoint a testamentary guardian?
12.3 Requirements for a valid appointment
12.4 When does an appointment take effect?
12.5 Consequences for the guardian
12.6 Funding for guardians and trust funds
13 LEGACIES
13.1 A word on terminology
13.2 Types of non-residuary legacy
13.3 Methods of making gifts
13.4 Particular recipients
13.5 Subject matter of legacies
13.6 Relieving provisions and other qualifications attached to gifts
14 DEALING WITH THE HOME AND LAND
14.1 Initial considerations before advising the testator
14.2 Points relevant to all testamentary gifts of land
14.3 Choices for the testator
15 RESIDUARY GIFTS INCLUDING RESIDUARY TRUSTS
15.1 Need for an effective gift of residue
15.2 Value of residue uncertain
15.3 Calls on residue
15.4 Is a trust of residue always necessary?
15.5 Residuary provision
16 IMPORTANCE OF INHERITANCE TAX
16.1 Importance of inheritance tax
16.2 Death estate
16.3 Exemptions and reliefs
16.4 The rate of tax
16.5 Transferable nil rate band
16.6 Residence nil rate band
17 PLANNING A TAX-EFFICIENT WILL
17.1 Introduction
17.2 Using trusts
17.3 Making best use of the residence nil rate band
18 POWERS TO DEAL WITH INCOME AND CAPITAL
18.1 Power to apply income - section 31 of the Trustee Act 1925
18.2 Power to advance capital - section 32 of the Trustee Act 1925
19 ADMINISTRATIVE POWERS FOR PERSONAL REPRESENTATIVES AND TRUSTEES
19.1 Introduction
19.2 STEP standard provisions
19.3 Legacies to minors
19.4 Power to invest
19.5 Power to acquire land
19.6 Power to act though personally interested and to buy trust property ('self-dealing')
19.7 Appropriation of assets
19.8 Power to charge
19.9 Retention of directors' remuneration
19.10 Power to employ agents
19.11 Appointment of new trustees
19.12 Power to act on counsel's opinion
19.13 Indemnity clauses
19.14 Insurance
19.15 Power to carry on a business
19.16 Power to borrow
19.17 Exclusion of the apportionment rules
19.18 Trusts of Land and Appointment of Trustees Act 1996
20 FUNERAL AND OTHER REQUESTS
20.1 Funeral arrangements
20.2 Donation of the body and body parts
21 PRACTICAL ISSUES WHEN TAKING INSTRUCTIONS AND AT EXECUTION
21.1 Preliminary matters
21.2 Terms of the will
21.3 Executing wills
22 TIPS ON AVOIDING DRAFITING PITFALLS
22.1 Failing to make provision for an event
22.2 Internal inconsistencies
22.3 Ignorance of a legal rule
APPENDICES
1 A Family Will
2 Intestacy Rules
3 Planning a Tax-efficient Will - Case Studies
Index
1 WILLS AND OTHER DEATH DISPOSITIONS
1.1 Why make a will?
1.2 What wills can give away
1.3 What wills cannot give away
1.4 Intestacy
2 RESTRICTIONS ON TESTAMENTARY FREEDOM
2.1 Introduction
2.2 Inheritance (Provision for Family and Dependants) Act 1975
2.3 Mutual wills
2.4 Contract to leave property by will
2.5 Proprietary estoppel
3 TESTAMENTARY CAPACITY AND INTENTION
3.1 Introduction
3.2 Testator's age and physical capacity
3.3 Testator's mental capacity
3.4 Testator's intention
3.5 Practical issues for the practitioner preparing the will
4 REQUIREMENTS FOR VALID EXECUTION
4.1 Introduction
4.2 A simple recipe for getting it right
4.3 Formalities in section 9 of the Wills Act 1837
4.4 Practicalities of execution
4.5 Codicils
4.6 Wills made outside England and Wales and
section in 1 of the Wills Act 1963
4.7 Wills not subject to section 9 of the Wills Act
1837
5 REVOCATION OF WILLS
5.1 Freedom to revoke wills
5.2 Methods of revocation
5.3 Revocation by a later will or codicil
5.4 Revocation by destruction
5.5 Revocation by subsequent marriage or formation of a civil partnership
5.6 Effect of divorce and dissolution
5.7 Conditional revocation
5.8 Revocation and privileged wills
6 ALTERATION TO WILLS AND USE OF CODICILS
6.1 Alterations made before execution
6.2 Alterations made after execution
6.3 Use of codicils
7 CONSTRUCTION AND INTERPRETATION OF WILLS
7.1 Introduction
7.2 General principles of construction
7.3 Applying basic rules of construction
7.4 Using extrinsic evidence as an aid to construction
7.5 From which date does a will speak?
7.6 Omitting, changing and supplying words
7.7 Class gifts and the class closing rules
7.8 Defining children and other relatives
8 WHY GIFTS IN WILLS MIGHT FAIL
8.1 Reasons for failure
8.2 Disclaimer
8.3 Ademption
8.4 Lapse
8.5 Forfeiture
8.6 Beneficiary witnesses will
8.7 Uncertainty
8.8 Contrary to public policy
8.9 Gift induced by force, fear or undue influence
8.10 Doctrine of satisfaction
8.11 Abatement
9 WILLS DEALING WITH PROPERTY ABROAD
9.1 Problems caused by owning foreign property
9.2 Forced heirship
9.3 Community of property
9.4 The EU Succession Regulation
9.5 How many wills?
9.6 Helping clients to deal with local lawyers
10 LOCATING AND STORING WILLS
10.1 Storing wills
10.2 Locating lost wills
10.3 Obtaining probate in absence of the original will
11 APPOINTMENT OF EXECUTORS AND TRUSTEES
11.1 Why appoint executors?
11.2 Executors distinguished from administrators
11.3 Drafting the executor's appointment
11.4 Who can be appointed?
11.5 Remuneration of executors
11.6 How many executors?
11.7 Executors as trustees
11.8 Limited and special appointments
11.9 Conditional, substitute and alternative appointments
11.10 Failure of appointment - divorce/annulment, renunciation and uncertainty
11.11 Protecting executors and trustees
11.12 Some other issues relating to executors
12 APPOINTMENT OF TESTAMENTARY GUARDIANS
12.1 Introduction
12.2 Who can appoint a testamentary guardian?
12.3 Requirements for a valid appointment
12.4 When does an appointment take effect?
12.5 Consequences for the guardian
12.6 Funding for guardians and trust funds
13 LEGACIES
13.1 A word on terminology
13.2 Types of non-residuary legacy
13.3 Methods of making gifts
13.4 Particular recipients
13.5 Subject matter of legacies
13.6 Relieving provisions and other qualifications attached to gifts
14 DEALING WITH THE HOME AND LAND
14.1 Initial considerations before advising the testator
14.2 Points relevant to all testamentary gifts of land
14.3 Choices for the testator
15 RESIDUARY GIFTS INCLUDING RESIDUARY TRUSTS
15.1 Need for an effective gift of residue
15.2 Value of residue uncertain
15.3 Calls on residue
15.4 Is a trust of residue always necessary?
15.5 Residuary provision
16 IMPORTANCE OF INHERITANCE TAX
16.1 Importance of inheritance tax
16.2 Death estate
16.3 Exemptions and reliefs
16.4 The rate of tax
16.5 Transferable nil rate band
16.6 Residence nil rate band
17 PLANNING A TAX-EFFICIENT WILL
17.1 Introduction
17.2 Using trusts
17.3 Making best use of the residence nil rate band
18 POWERS TO DEAL WITH INCOME AND CAPITAL
18.1 Power to apply income - section 31 of the Trustee Act 1925
18.2 Power to advance capital - section 32 of the Trustee Act 1925
19 ADMINISTRATIVE POWERS FOR PERSONAL REPRESENTATIVES AND TRUSTEES
19.1 Introduction
19.2 STEP standard provisions
19.3 Legacies to minors
19.4 Power to invest
19.5 Power to acquire land
19.6 Power to act though personally interested and to buy trust property ('self-dealing')
19.7 Appropriation of assets
19.8 Power to charge
19.9 Retention of directors' remuneration
19.10 Power to employ agents
19.11 Appointment of new trustees
19.12 Power to act on counsel's opinion
19.13 Indemnity clauses
19.14 Insurance
19.15 Power to carry on a business
19.16 Power to borrow
19.17 Exclusion of the apportionment rules
19.18 Trusts of Land and Appointment of Trustees Act 1996
20 FUNERAL AND OTHER REQUESTS
20.1 Funeral arrangements
20.2 Donation of the body and body parts
21 PRACTICAL ISSUES WHEN TAKING INSTRUCTIONS AND AT EXECUTION
21.1 Preliminary matters
21.2 Terms of the will
21.3 Executing wills
22 TIPS ON AVOIDING DRAFITING PITFALLS
22.1 Failing to make provision for an event
22.2 Internal inconsistencies
22.3 Ignorance of a legal rule
APPENDICES
1 A Family Will
2 Intestacy Rules
3 Planning a Tax-efficient Will - Case Studies
Index