| three situations: | Insofar as any part of the will is meaningless Insofar as language used is ambiguous Insofar as evidence, other than evidence of T’s intention, shows that language used is ambiguous in light of surrounding circumstances |
| Commencement | Purpose is to identify T’s full name and address – if T uses another name, this should be included here |
| Revocation Clause | Should be included for avoidance of doubt |
| Disposal of Body | Direction only – not binding on executors as no property in a human body |
| Date | Either at the commencement or at the end of the will |
| Attestation Clause | | |
| Appointment of Executors, Trustees and Guardians Will must appoint persons to administer the estate and to act as trustees of any trust set up by the will -
Should appoint at least but not more than four – no more than four persons can take out a grant of probate: Individuals – friends and relatives have personal knowledge of T but may lack expertise (should ideally be younger than T) Professionals advisers either individually or as a firm (usual choice) – have expertise but will charge for dealing with estate Trust corporation – will usually instruct solicitors anyway and expensive Public trustee – last resort A testator/testatrix with minor children should consider appointing a guardian |
| Types of Disposition | Examples: |
| Specific Gifts | A gift of a specific, identifiable item of property S.24 WA 1837: a will speaks from death as regards property unless a contrary intention is shown – the use of the word ‘my’ or any other word/phrase indicating ownership at the date of the will shows a contrary intention Doctrine of ademption: if property sold/destroyed/changed in substance, beneficiary receives nothing Gift to a number of beneficiaries with power to select: include order of selection, time limit, and procedure for resolving disputes Specific beneficiaries bear costs themselves in absence of any provision to the contract Consider mortgages (s.35 AEA 1925), tax, and risk of ademption | a gift of my gold Rolex watch to A a gift of my 5,000 shares in ABC plc to B a gift of 10,000 to C to be paid out of my account with Barclays Bank (demonstrative) |
| General or Pecuniary Legacies | A gift of property not distinguished in any way from property of the same kind S.55(1)(ix) AEA 1925: pecuniary legacy = “an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all death duties free from which any devise, bequest, or payment is made to take effect” | a gift of 10,000 to A a gift of 5,000 shares in ABC plc to B a gift of 10,000 to C to be paid out of my account with Barclays Bank (demonstrative) |
| Gifts of Residue | |
| “I GIVE the sum of FIVE THOUSAND POUNDS (5,000) to each of the charities which I may name in a list to be found with my will” A list of charities was found with the will. Are the charities named in the list entitled to the legacy mentioned in the will? -
For a document to be effectively incorporated into a will, three conditions need to be complied with: the document must be in existence when the will is executed the document must be referred to in the will as being in existence the document must be identified by the will The list of charities thus fails to be incorporated as the clause does not refer to the list as being in existence at the date of the will. |
