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Parker's Will Precedents

We are pleased to advise that Parker's Will Precedents have been added to LEAP under Wills, Drafted Precedents folder. Parker's Will Precedents 9th Edition is published by Bloomsbury and it is one of the leading texts for practitioners on Wills. Appointment of Executors and Trustees:
  • Appointment of a sole executor with alternative executor
  • Appointment of a trust corporation as executors and trustees
  • Appointment of beneficiaries as executors
  • Appointment of executors and trustees where a trust may arise
  • Appointment of executors with different people appointed as trustees
  • Appointment of executors with wish expressed regarding solicitors to be employed
  • Appointment of members of a solicitors' firm and an accountants' firm as executors and trustees
  • Appointment of members of solicitors' firm as executors and trustees
  • Appointment of members of solicitors' LLP as executors and trustees
  • Appointment of solicitors together with lay trustee as executors and trustees
  • Appointment of solicitors' firm where there is no possibility of a trust arising
  • Appointment of the Public Trustee as executor and trustee
  • Appointment of the testator's partner as executor with children as alternatives
  • Appointment of two executors where there is no possibility of a trust arising
  • Appointment where different trustees appointed for a particular trust
  • Professional charges clause
Appointment of Guardians:
  • Appointment of different guardians for children from different marriages
  • Appointment of different guardians for different children
  • Appointment of spouse not intended to be revoked by dissolution of marriage
  • Appointment of testamentary guardians
  • Appointment of testamentary guardians conditional on being surviving parent
Attestation:
  • Form of testimonium and attestation clause to a codicil
  • Standard form of testimonium and attestation clause
  • Testator is able to read but unable to sign his name - signed at his direction
  • Testator is able to read but unable to sign his name - signed with mark
  • Where the testator is able to sign but unable to read
  • Where the testator is unable to read or write
Business Interests:
  • Appointment of separate business executors
  • Gift of business of which testator is sole proprietor
  • Gift of chattels including a chattel used in business to somebody other than the successor to the business
  • Gift of interest in LLP or any sums payable by LLP
  • Gift of interest in partnership
  • Gift of interest in partnership (no partnership agreement)
  • Gift of option to purchase farming business and freehold farm
  • Gift of shares and loan account in company
  • Gift of shares in company
  • Gift of shares in unquoted company to non-exempt beneficiary conditional on testator owning the shares for the preceding two years
  • Gift of sole trader business to trustees with requirement that the net profits and proceeds of sale be held on trust
  • Specific gift of agricultural or business property - by reference to the available relief
  • Specific gift of agricultural property - simple form
Charities and Charitable Giving:
  • Formula gift to charity to ensure that the reduced rate of inheritance tax is available in relation to general component of estate
  • Formula gift to charity to ensure that the reduced rate of inheritance tax is available in relation to more than one component of estate
  • Gift of share of residue
  • Gift on charitable trust
  • Gift to charity with non-binding purpose request
  • Gift to national charity with non-binding request that it be used for a local branch of the charity
  • Pecuniary legacy to charity
  • Pecuniary legacy to charity with provision for the charity ceasing to exist
Complete Wills:
  • Codicil
  • Codicil revoking nil rate band legacy
  • Non-dispositive clauses of complete Will in the longer form
  • Non-dispositive clauses of complete Will incorporating STEP provisions
Declarations:
  • Declaration of exclusion
  • Declaration that legacies are free of inheritance tax and other duties
  • Excluding ademption
  • Excluding doctrine of satisfaction
  • Exclusion of illegitimate, legitimated and adopted children
  • Inclusion of specified step-children
  • Inclusion of step-children as a class
  • Intermediate income
  • Lapse
  • Provision for proportional accrual
  • Survivorship
Digital Assets:
  • Gift of all digital assets to a specified beneficiary with non-binding request to deal with in accordance with Memorandum of Wishes
  • Gift of all digital assets to specified beneficiary
  • Gift of balance in an online account
  • Gift of contents of computers
  • Gift of digital assets by reference to list
  • Gift of domain name
  • List of digital assets
  • Memorandum of Wishes for digital assets
Disabled and Vulnerable Beneficiaries:
  • Qualifying post death interest (and qualifying trust for income or capital gains tax)
  • Qualifying trust for section 89 and for income or capital gains tax
  • Wide form discretionary trust
Foreign Wills and Property:
  • Declaration of choice of law under the EU Succession Regulation
  • Jurisdiction excluded for foreign property
  • Jurisdiction limited to property in England and Wales
Funeral Wishes:
  • Direction for burial
  • Direction for burial with reference to specific plot
  • Direction for cremation
  • Direction for funeral service
  • Donation of the body
  • Funeral arrangements prepaid funeral
  • Objection to cremation
Inheritance Tax:
  • Provision for residuary beneficiaries to receive equal amounts (with grossing up of non-exempt shares)
  • Provision for tax burden to be on non-exempt residue
Inheritance Tax Mitigation in Wills:
  • Capped gift of inheritance tax nil rate band to children
  • Clauses enabling use of a promissory note to satisfy the nil rate band gift
  • Gift on discretionary trust of (capped) inheritance tax nil rate band in favour of spouse and issue
  • Gift to children of inheritance tax nil rate band
  • Residue on life interests to spouse - power for the trustee to terminate within the lifetime of the spouse
  • Short term discretionary trusts for the benefit of spouse and issue
  • Specific gift of agricultural or business property - by reference to the available relief
  • Specific gift of agricultural property - simple form
  • Specific gift of business property together with the balance of the inheritance tax nil rate band
Joint, Mutual and Reciprocal ('Mirror') Wills:
  • Agreement underpinning a mutual Will
  • Clause creating a mutual Will
  • Clause creating joint Will
  • Clause reciting the creation of reciprocal but not mutual Wills
Legacies:
  • Declaration that legacies are free of inheritance tax and other duties
  • Demonstrative pecuniary legacy
  • Direction as to interest
  • Direction regarding 'double portions'
  • Direction regarding legacies to creditors
  • Gift of a number of inflation-proof legacies
  • Inflation-proof legacy
  • Legacies to two beneficiaries with provision for accruer
  • Legacy of specific amount to each grandchild
  • Legacy subject to inheritance tax
  • Legacy to a minor - provision for payment to minor if over 16 and otherwise to parent or guardian
  • Legacy to be divided between two or more beneficiaries
  • Legacy to employee if still employed
  • Legacy to executor
  • Legacy to grandchildren
  • Legacy to grandchildren - alternative method
  • Legacy to grandchildren with substitution of great grandchildren
  • Pecuniary legacy
  • Priority legacy
  • Specific pecuniary legacy
Letters and Other Support Materials:
  • Appointment ending a short term discretionary trust within two years of death
  • Letter about a discretionary trust
  • Letter about a life interest trust
  • Letter enclosing Wills for completion
  • Notice of severance
  • Promissory note
Life Interest Trusts of Residue:
  • Life interest trust of residue in favour of surviving spouse
Minors:
  • Age 18 trust
  • Age 18-25 trust with express powers of accumulation and advancement
  • Bare trust for a minor
  • Immediate post death interest for a person under 18 (excluding Trustee Act 1925 s 31)
  • Receipt clause for minors - guardians and parental responsibility
  • Small legacy to minor with receipt clause
Opening and Revocation:
  • Opening and revocation limited to UK property
  • Opening and revocation with date of Will at beginning
  • Opening distinguishing testator from relatives with the same name
  • Opening where the testator has used two or more alternative names
  • Opening where Will is made in contemplation of divorce or annulment
  • Opening where Will is to remain in force after marriage or civil partnership
  • Standard opening and revocation of earlier Wills
  • Will conditional on marriage or civil partnership taking place
Powers of Trustees:
  • Advancement in favour of life tenant
  • Ancillary powers
  • Appointment of agents
  • Appropriation
  • Borrowing
  • Exclusion of duty of care
  • Exclusion of duty to consult beneficiaries
  • Exclusion of duty to review acts of agents and nominees
  • Incorporation of all of the STEP Standard and Special Provisions
  • Incorporation of the STEP Standard Provisions
  • Incorporation of the STEP Standard Provisions and selected Special Provisions
  • Introductory clause
  • Investment
  • Limitation of trustee liability
  • Loans to life tenant
  • Minors - receipts
  • Power to carry on testator's business
  • Purchase of trust assets by trustee
  • Restriction of power to convey land to beneficiaries
  • Use of nominees
Residuary Gifts:
  • Creation of trust for sale with debts, inheritance tax etc to be paid out of proceeds
  • Discretionary trust of residue for testator's children
  • Division of residue among a number of persons in fractional shares
  • Division of residue among a number of persons in percentage shares with gift over to children and provision for accruer of lapsed shares
  • Division of residue among a number of persons in percentage shares with no gift over to children but instead provision for accruer of lapsed shares
  • Division of residue among a substantial number of exempt and non-exempt beneficiaries
  • General discretionary trust of residue
  • Gift for specified charitable objects
  • Gift to brothers, sisters, brothers-in-law and sisters-in-law with substitutional gift to nephews and nieces
  • Gift to charities in such shares as the trustees see fit
  • Gift to children at 21 with substitutional gift to issue
  • Gift to children at 25 with substitutional gift to grandchildren
  • Gift to specified charities in equal shares
  • Gift to spouse or civil partner for life
  • Gift to spouse or civil partner limited for life or until remarriage or formation of civil partnership
  • Gift to spouse or civil partner to be followed by substitutional gift
  • Gift to those of issue whom spouse or civil partner with life interest appoints with default gift to children
  • Vested gift to children with substitutional gift to any surviving spouse of deceased child but otherwise to grandchildren
  • Vested gift to children with substitutional gift to grandchildren
Second Marriages or Civil Partnerships:
  • Will giving residence to surviving spouse or civil partner with half residue to spouse or civil partner and half residue to children of first marriage or civil partnership
  • Will giving right of residence and life interest in residue to surviving spouse or civil partner with remainder to children of first marriage
  • Will giving right of residence to surviving spouse or civil partner with half residue to spouse or civil partner and half residue to children of first marriage
  • Will in favour of testator's second spouse with legacies to children of first marriage
  • Will sharing estate between the testator's second spouse or civil partner and the brothers and sisters of the first spouse or civil partner
Single Adults:
  • Will giving residue to nephews and nieces with funeral arrangement, specific gifts and legacies
  • Will of single adult leaving everything to a single adult who is appointed executor
  • Will of single adult leaving everything to a single adult who is appointed executor with gift over on the original beneficiary predeceasing testator
  • Will of widow or widower in favour of children or their spouses or, alternatively, the grandchildren with specific and pecuniary legacies
Specific Gifts of Chattels and Other Personal Property:
  • Absolute gift of personal chattels to children with non-binding request as to distribution in accordance with memorandum
  • Bequest of Baxter Prints
  • Bequest of car owned at date of death
  • Bequest of car owned at date of Will
  • Bequest of chattels as defined by Administration of Estates Act 1925
  • Bequest of chattels in possession of testator but not owned by him
  • Bequest of chattels subject to financial agreement
  • Bequest of collection by reference to inventory
  • Bequest of contents of house
  • Bequest of contents of house - alternative form
  • Bequest of furniture and household effects
  • Bequest of jewellery and personal effects
  • Bequest of personal chattels as defined by Administration of Estates Act 1925 - gift to trustees for distribution equally among children
  • Bequest of personal chattels as defined by Administration of Estates Act 1925 with additions
  • Bequest of personal chattels as defined by Administration of Estates Act 1925 with additions and exceptions
  • Bequest of personal chattels as defined by Administration of Estates Act 1925 with exceptions
  • Bequest of personal chattels selected by beneficiaries
  • Bequest of specific items by reference to inventory - alternative method
  • Cost of delivery to or vesting in beneficiary
  • Gift of a debt
  • Gift of jewellery to daughter with right of selection and distribution, default gift into residue
  • Gift of pictures to children to select with provision for disagreement
  • Gift of shares
  • Gift of shares - alternative form
  • Gift of sums of money in a bank account
  • Release of debt and the debtor's estate
  • Release of security
  • Release of simple debt
Specific Gifts of Real Property and Rights of Occupation:
  • Gift of a furnished house to trustees to permit occupation as a residence
  • Gift of house - subject to inheritance tax
  • Gift of house to trustees to permit occupation as a residence
  • Gift of house to trustees to permit occupation as a residence - alternative
  • Gift of immovable property - provision for description
  • Gift of interest in a house held as tenant in common
  • Gift of property on life interest
  • Gift of testator's residence
  • Simple gift of house free of mortgage
  • Simple gift of house to two or more persons as joint tenants
  • Simple gift of house to two or more persons as tenants in common
Taking Instructions:
  • Checklist
The Residence Nil Rate Band:
  • Gift of property on life interest to lineal descendant
  • Gift of residue to spouse or civil partner for life and afterward to lineal descendants
  • Specific gift of residence at death to lineal descendant
  • Specific gift of residential property to lineal descendant - simple form
  • Vested gift of residue to lineal descendants
  • Vested gift to children with substitutional gift to any surviving spouse of deceased child but otherwise to grandchildren
Unmarried Couples with Children:
  • Legacies, residue equally between children and partner
  • Will providing for right of residence and legacy for partner with residue to children
Wills for Married Couples or Civil Partners with Children:
  • Will creating 21-year capped nil rate band discretionary trust with residue to spouse or civil partner
  • Will creating nil rate band discretionary trust with residue to spouse or civil partner for life
  • Will creating trust for a disabled child with residue to the testator's spouse or civil partner
  • Will for previously married testator whose spouse has an enhanced nil rate band creating nil rate band discretionary trust with residue to spouse or civil partner absolutely; Will including promissory note provisions
  • Will giving testator's interest in residence to children with residue to spouse or civil partner
  • Will leaving everything to spouse or civil partner creating discretionary trust for children if spouse or civil partner has predeceased
  • Will of married adult with adult children leaving everything to spouse or civil partner for life with gift of remainder to children
  • Will of married adult with adult children leaving everything to spouse or civil partner with substitutional gift to children
Wills for Married Couples or Civil Partners with no Children:
  • Will in favour of surviving spouse or civil partner with substitutional gift to brothers, sisters, brothers-in-law and sisters-in-law
  • Will leaving spouse or civil partner life interest in the entire estate with remainder to brothers, sisters, brothers-in-law and sisters-in-law
Wills in the Court of Protection:
  • Commencement of statutory Will or codicil
  • Attestation clause for a statutory Will or codicil

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Blog Article: Parker's Will Precedents