Will Drafting - A Boxset of 6 Essential Modules

Introduction

Presented by Rebecca Roscoe, this box set for private client professionals will look at key concepts when it comes to will drafting, providing practical advice, and advising you on recent changes and developments in this area to ensure you are in the best position to advise your clients.

The session will be delivered from an E&W legal perspective but will be of interest to international lawyers who prepare UK compliant wills.

What You Will Learn

This webinar boxset will cover the following:

Module 1 - Formalities & Capacity

One of the fundamental requirements for creating a valid will is ensuring that the client has capacity and that the will is executed correctly.

This module will cover:

• The requirements of s9 Wills Act 1837
• Modifying attestation clauses where appropriate
• The requirements for testamentary capacity
• Recent case law

Module 2 - The Role of Executor & Choosing Wisely

The role of an executor when someone passes away is often overlooked at the will drafting stage and on occasion executors may find themselves subject to onerous responsibilities.

Furthermore, there is increasing litigation surrounding either the inability of executors to work together or challenges to their role.

This module will cover:

Module 3 - Alteration, Revocation, Republication & Revival

An essential part of having a valid will are the rules regarding revocation and alterations.

Although it may be considered ‘out of fashion’, using codicils may remain useful in modern practice.

This module will review the rules regarding:

• Revocation
• Alterations
• Codicils
• Revival
• Republication

Module 4 - Drafting Legacies & Protection from Failure

A crucial part of the will drafting is ensuring that legacies are drafted correctly and perhaps more importantly ensuring that we protect them from failure.

This module will cover:

• Different types of legacies:
• Specific
• General
• Demonstrative
• Conditional gifts
• Digital assets
• Abatement
• Ademption

Module 5 - Identifying Beneficiaries

As well as drafting legacies correctly, we need to be able to correctly identify our beneficiaries.

With increasingly complex families it is important that we remind ourselves what particular terms mean and that we are catering for the best needs of our client.

This module will cover:

• Deceased beneficiaries including commorientes
• Unusual beneficiaries including animals, and other purposes
• Identifying beneficiaries by description or relationship
• Class gifts and class closing

Module 6 - Construction

On occasion, there may be issues with the construction of a document following death.

Understanding the rules of construction may, in turn, assist with and make our drafting ultimately better.

This module will cover:

• Approaches to constructions
• Presumptions
• Meaning of particular words
• When does a will speak from?

This webinar was recorded on 5th April 2022