Will Drafting for Private Client Professionals - 6 Essential Modules

Introduction

Will drafting is a fundamental part of private client practice, but keeping pace with evolving legal developments and applying key drafting principles correctly can present significant challenges.

This box set provides a practical exploration of the essential concepts underpinning effective will drafting, helping you identify key issues, avoid common pitfalls and approach client advice with greater confidence. It will also examine recent changes and developments and consider their practical impact on your day-to-day work.

Delivered from an England and Wales legal perspective, the box set will be particularly valuable to private client professionals advising on UK-compliant wills, as well as international lawyers who prepare or advise on wills intended to comply with UK requirements.

What You Will Learn

This modular webinar will cover the following:

Module 1 - Formalities & Capacity

Ensuring a client has the necessary testamentary capacity and that their will is executed in accordance with the required formalities is fundamental to creating a valid will.

This module will cover:

• The requirements of s9 Wills Act 1837 and the formalities for valid execution
• When and how to modify attestation clauses where appropriate
• The legal requirements for establishing testamentary capacity
• Recent case law developments and their practical implications for will drafting and advice

Module 2 - The Role of Executor & Choosing Wisely

The role and responsibilities of an executor can be overlooked when drafting a will, yet executors may ultimately face significant and sometimes onerous duties following the testator’s death. Increasingly, disputes and litigation can also arise where executors struggle to work together or where their appointment or conduct is challenged, making careful consideration of executor appointments an essential part of the will-drafting process.

This module will focus on:

• Understanding the role and responsibilities of an executor
• Helping clients make informed choices when appointing executors
• Identifying appropriate executor options for different client circumstances
• Addressing common client concerns and practical considerations when selecting executors

Module 3 - Alteration, Revocation, Republication & Revival

Understanding the rules governing the revocation and alteration of wills is an essential part of ensuring testamentary intentions remain valid and effective. While codicils may sometimes be viewed as outdated, they can still have a valuable and practical role in modern will-drafting practice.

This module will review:

• The rules governing revocation of wills
• Making and validating alterations to an existing will
• The practical use of codicils in modern practice
• Revival of wills and the circumstances in which it may arise
• Republication of wills and its practical implications

Module 4 - Drafting Legacies & Protection from Failure

A crucial part of will drafting is ensuring that legacies are drafted clearly and correctly, while also taking appropriate steps to minimise the risk of them failing or becoming ineffective.

This module will look at:

• The different types of legacies, including:
• Specific legacies
• General legacies
• Demonstrative legacies
• The use and drafting of conditional gifts
• Addressing digital assets within the estate
• The rules governing abatement
• Ademption and how to minimise the risk of gifts failing

Module 5 - Identifying Beneficiaries

As well as drafting legacies correctly, it is essential to ensure that beneficiaries are clearly and accurately identified. With increasingly complex modern family structures, practitioners need to understand the meaning and implications of key terms and ensure that the will accurately reflects the client’s intentions and best interests.

This module will cover:

• Deceased beneficiaries, including the rules relating to commorientes
• Unusual beneficiaries, including gifts involving animals and other purposes
• Identifying beneficiaries by description, relationship or other defining characteristics
• Class gifts and the rules governing class closure

Module 6 - Construction

Following a client’s death, questions can sometimes arise over how the wording of a will should be interpreted. Understanding the principles of construction can help practitioners anticipate potential ambiguities and disputes, leading to clearer, more precise and ultimately more effective will drafting.

This module will focus on:

• The key principles and approaches to the construction and interpretation of wills
• Presumptions that may apply when interpreting testamentary provisions
• The interpretation and meaning of particular words and phrases used in wills
• When a will is treated as speaking from, and the significance of the relevant date