An Introduction to Will Drafting - Validity, Interpretation & Problem Areas

Introduction

Will drafting is an ever changing area of law due to the complexities of tax, second marriages and interpretation by the courts. It is important to understand not only how to draft a will but how the law is applied regarding assumed duties and inheritance, revocation, beneficial entitlement and mental capacity.

This full day course will provide you with a comprehensive introduction to this area. It will discuss the validity of wills and the most common types of will that are drafted today.

The course will give you practical tips on the pitfalls of drafting a will and the common problems practitioners face, providing up to date case law, including when disclosure of a will is necessary.

What You Will Learn

This course will cover the following:

• Validity of a Will
• Terminology
• Basic requirements
• Formal validity
• Attestation clauses
• Privileged wills
• Knowledge and approval of contents
• Undue influence
• Executors
• Beneficiaries
• Incorporation by reference
• Types of Will
• Drafting a will
• Inheritance tax
• Standard clauses in a will
• ‘Simple wills’
• Life interest wills
• Discretionary trust wills and the 2 year rule
• Interpreting Clauses in a Will
• Types of classification of legacies
• Gifts to minors
• Other types of gift
• Appointment of trustees
• Guardians
• STEP provisions
• Extending/reducing personal representatives’ and trustees’ statutory powers
• Revocation and Alteration of a Will
• Revocation by will or codicil
• Marriage and divorce
• Civil Partnership Act 2004
• Revocation by destruction
• Doctrine of dependent relative or conditional revocation
• Alterations to a will
• Apparent and non-apparent revocation and obliteration
• Problem Wills?
• Construction of a will
• Rectification of a will
• Identification of beneficiaries
• Unknown and missing beneficiaries
• Beneficiary pre-deceased: section 33 Wills Act 1837
• Survivorship clauses
• Forfeiture
• Current Case Law