will drafting - non disposition clauses

• What does this element consider in relation to a will?

  The drafting and interpretation of clauses that do not dispose of the testator's property.
• What is the typical structure of professionally drafted wills?

  • Similar structure and style
  • Use of precedents from practitioner texts or a firm’s precedent bank
• What should the wording of a will be like?

  Clear, concise, and unambiguous.
• How are wills traditionally drafted in terms of punctuation?

  Without punctuation.
• How should the purpose of clauses be indicated in a will?

  By capitalizing the words that explain the purpose, such as "I GIVE" or "I APPOINT".
• What is the role of precedents in drafting wills?

  They serve as an aid to drafting but may require amendments.
• What drafting techniques can improve the readability of a will?

  Using numbered paragraphs and sub-clauses.
• What are the key components of a standard will?

  1. Commencement
  2. Revocation
  3. Burial / Funeral wishes
  4. Appointment of executors & trustees
  5. Appointment of guardians
  6. Specific gifts
  7. General gifts
  8. Pecuniary gifts
  9. Residuary gift

  10. Administrative clauses

  11. Date & Attestation
• What is the purpose of the commencement clause in a will?

  To identify the testator by stating their full name and address.
• What should be included if the testator is known by another name?

  The alias should be referred to in the will.
• What happens if the grant of representation does not refer to all possible aliases of the testator?

  It may cause delays in administering the estate.
• Where can the date of the will be included?

  In the commencement or at the end of the will.
• What is the purpose of a revocation clause in a will?

  To ensure that all previous wills and codicils are revoked.
• Is a will valid without a revocation clause?

  Yes, but it is good drafting practice to include one.
• What happens if a testator has more than one valid will?

  The later will revokes the earlier will to the extent of any inconsistency.
• What are some methods of revoking a will?

  By codicil, marriage/divorce, destruction of the will, or manuscript amendments.
• What is a common form of revocation?

  Express revocation by way of a later will.
• What do many testators want to include in their wills regarding their bodies?

  Specific instructions for burial and funeral arrangements.
• Are burial and funeral wishes legally binding on personal representatives?

  No, but they are usually followed where possible.
• What is the role of a personal representative (PR)?

  To collect the deceased’s assets and administer the estate.
• What is an executor?

  A personal representative appointed by will to act on behalf of the deceased.
• What happens if a will does not appoint an executor?

  The Non Contentious Probate Rules determine who acts as PR.
• How many executors are required at a minimum?

  At least one executor is required.
• Why is it often better to appoint at least two executors?

  In case a sole executor does not survive or is unwilling/unable to act.
• What happens if more than four executors are named in a will?

  Power is reserved to those who do not apply initially to apply later if a vacancy arises.
• Who is commonly appointed as an executor?

  A surviving spouse or close family member.
• What should a testator do before appointing an executor?

  Obtain consent from the executor in advance.
• What happens to the appointment of a spouse or civil partner if the testator later divorces?

  It becomes ineffective unless stated otherwise.
• What is the typical scope of an executor’s appointment?

  Absolute and unrestricted.
• What are qualified appointments for executors?

  Appointments that may be limited by time, location, or type of assets.
• What must a drafter ensure when making a qualified appointment?

  All of the estate will be administered and no assets are left without an executor.
• What happens if an appointment is not clear or ambiguous?

  The appointment may be void.
• What is the significance of appointing executors and trustees jointly?

  It allows for shared responsibility in managing the estate and any trusts.
• What is a trust corporation?

  A corporation with authority to carry out trustee and PR roles.
• Can a law firm partnership be appointed as executors?

  No, all partners must be appointed instead.
• What is the role of professional executors and trustees?

  They may charge for their time under certain conditions.
• What is required for professional executors to charge for their services?

  An express charging power included in the appointment clause.
• What is the responsibility of a guardian appointed in a will?

  To care for the testator's children who have not attained the age of 18.
• What should a testator consider when appointing guardians?

  Whether the proposed guardians are willing to act and can work together effectively.
• What distinguishes the roles of executors and trustees?

  Executors administer the estate, while trustees manage ongoing trusts.