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Williams on Wills

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Williams on Wills Contents VOLUME 2 ~ PRECEDENTS AND STA TUTES Form Finder xxxvii Table of Abbreviations Ixxi Cumulative Table of Statutes Ixxiii Cumulative Table of Cases ciii PART A - INTRODUCTORY NOTE PARA I. GENERAL |200.1| (a) Capacity and freedom from influence |200.2| (b) Form of will |200.9| (c) Other points |200.27| (d)The Trusts of Land and Appointment of Trustees Act 1996 and the Trustee Act 2000 1200.48] II. INHERITANCE TAX |200.68] (a) Main characteristics |200.69| (b) Exemptions and reliefs relevant to testamentary dispositions |200.84| (c) Will trusts |200.92| (d) Incidence of IHT |200.111| (e) Partially exempt estates |200.112| (0 The consequences of IHT for dispositions by will (other than the creation of will trusts) [200.119J (g) Trusts in dispositions by will - usefulness, the alternatives, and tax consequences |200.125| (h)Review of existing wills after FA 2006 and the Pre-Budget Report of 9 October 2007 [200.134] PART B - CLAUSES IN WILLS Bl Commencement of will |201.1| PRELIMINARY NOTE |201.1| Bl.l Ordinary commencement [201.6] B1.2 Commencement of will made in expectation of marriage [201.7| B1.3 Commencement of will made in expectation of forming a civil partnership |201.8| B1.4 Commencement of will made in expectation of marriage—conditional form |201.9] Contents Bl .5 Commencement of will made in expectation of civil partnership - conditional form [201.10] Bl .6 Commencement of will of testator with UK and foreign property confining the will to UK property [201.11] B1.7 Commencement of concurrent will of testator with UK and foreign property confining the will to UK property...[201.12] B1.8 Commencement of mutual will made in pursuance of an agreement that it shall not be revoked 1201.13] B1.9 Commencement of mirror but not mutual wills [201.14] Bl .10 Commencement of will made on behalf of a mentally disordered person pursuant to an order of the Court of Protection (201.15] B2 Miscellaneous declarations and desires sometimes included in wills 1202.11 GENERAL NOTE [202.1] Disposal of body [202.2] B2.1 Direction as to place of burial and tombstone [202.3J B2.2 Expressions of desire as to cremation [202.4] B2.3 Direction that only necessary expense shall be incurred [202.5] B2.4 Direction as to the ascertainment of the testator's death in order to prevent his being buried alive [202.6] B2.5 Power for executor to incur expense in respect of directions J202.7] Anatomical research and organ transplantation [202.8] B2.6 Direction for anatomical examination and corneal grafting [202.16] B2.7 Clause providing for the use of the testator's body for therapeutic purposes, but not for medical education or research [202.17] Maintenance of graves [202.18] B2.8 Gift for the upkeep of a particular grave during a perpetuity period [202.31] B2.9 Perpetual gift for the upkeep of a churchyard with a request to maintain a particular grave [202.32] B2.10 Gift for the upkeep of a particular grave in a churchyard during a perpetuity period followed by a perpetual gift for the upkeep of the churchyard with a request to maintain the particular grave [202.33] B2.11 Direction to executors to enter into an agreement for the maintenance of a grave in a local authority cemetery [202.34] B2.12 Gift to a charity conditional upon the maintenance of a particular grave with a gift over on breach of the condition to another charity [202.35] Maintenance of animals [202.36] B2.13 Gift for the maintenance and upkeep of an animal ...[202.37] B2.14 Combined gift of legacy and pet animal coupled with a non-binding expression of hope that the legatee will look after the animal [202.38] Contents Declarations under the Inheritance (Provision for Family and Dependants) Act 1975 1202.39] B2.15 Declarations under the Inheritance (Provision for Family and Dependants) Act 1975—Alternative forms [202.40) Clause headings or marginal notes [202.41J B2.16 Direction regarding clause headings or marginal notes [202.42] B3 Appointment of executors, trustees and guardians [203.1] Preliminary Note on Executors and Trustees [203.1] Individuals [203.7] B3.1 Appointment of wife as sole executrix and trustee with alternative appointment [203.7] B3.2 Appointment of civil partner as sole executor and trustee with alternative appointment [203.8] B3.3 Appointment of executors [203.9| B3.4 Appointment of same persons as executors and trustees [203.10[ B3.5 Appointment of executors and of different persons as trustees [203.11] B3.6 Appointment of wife / civil partner during widowhood/until formation of a civil partnership adult son and infant son when he attains majority to be executors and trustees [203.12] B3.7 Appointment of three persons, one of whom is abroad, to be executors and trustees, and also trustees for the purposes of the Settled Land Act 1925 [203.13] B3.8 Appointment of executors and trustees with provisions for substitution in case of vacancy [203.14] Solicitors [203.15] B3.9 Appointment of future partners in a solicitors' firm as executors and trustees [203.24] B3.10 Appointment of members of solicitors' incorporated practice including a limited liability partnership [203.25] B3.11 Appointment of members and employees held out as partners of solicitors' incorporated practice including a limited liability partnership [203.26] B3.12 Appointment of future partners in a solicitors' firm or future members of the body or limited liability partnership in the event of incorporation [203.27] Corporations [203.28] B3.13 Appointment of a bank together with individuals as executors and trustees [203.32] B3.14 Appointment of bank as sole executor and trustee....[203.33] B3.15 Appointment of insurance company as executor and trustee [203.34] B3.16 Remuneration clause for bank appointed as executor and trustee [203.35] The Public Trustee [203.36] B3.17 Application by an intending testator to the Public Trustee to act as executor and trustee under a will |203.36] vu Contents B3.18 Clause in will appointing the Public Trustee as sole executor and trustee or jointly with others (203.37] B3.19 Clauses in will appointing executors and trustees, the Public Trustee being only a trustee or custodian trustee [203.38] B3.20 Clauses in will of a person domiciled elsewhere than in England and Wales appointing an individual executor and providing for transfer of the residuary estate or of a legacy to the Public Trustee to be held upon English trusts .]203.39] B3.21 Codicil revoking appointment of executors and trustees and appointing the Public Trustee sole executor and trustee in their place [203.40] B3.22 Codicil appointing the Public Trustee as executor and trustee jointly with executors and trustees previously appointed or in place of one who has died [203.41] B3.23 Clause in will prohibiting appointment of the Public Trustee as a trustee [203.42] Separate executors for particular assets [203.43] B3.24 Appointment of literary executors [203.43] B3.25 Appointment of separate executors for testator's business [203.44] B3.26 Appointment of separate executors for UK property and foreign property [203.45] B3.27 Appointment of special executors of settled land [203.46] Guardians [203.47] B3.28 Appointment of guardian to take effect only if the other parent predeceases the appointor, with optional wording making it also take effect if the other parent does not make an effective appointment [203.60] B3.29 Appointment of guardian which takes effect if the other parent predeceases the appointor or if there is a residence order in favour of the testator at his or her death, with optional wording making it also take effect if the other parent does not make an effective appointment [203.61] B3.30 Appointment of two guardians with expression of wishes about religious education [203.62] B3.31 Appointment of a guardian with an alternative appointment if the first choice predeceases the testator or disclaims [203.63] B3.32 Appointment by the mother of illegitimate children, appointing the father as guardian with alternative appointment in the event of him predeceasing her ....[203.64] B3.33 Appointment of wife to be the guardian of children by a former marriage with general revocation of previous appointments [203.65] B3.34 Appointment of a guardian by a guardian [203.66] B4 Specific gifts [204.1] NOTE ON THE INCIDENCE OF INHERITANCE TAX [204.1] Personal chattels [204.2] B4.1 Gift of personal chattels by incorporation of Statutory Will Forms 1925, Form 2 [204.15] B4.2 Gift of personal chattels by incorporation of definition in the Administration of Estates Act 1925 [204.16] vin Contents B4.3 Gift of personal chattels to wife [204.171 B4.4 Gift of personal chattels to wife—alternative form....[204.18] B4.5 Gift of personal chattels—short form [204.19J B4.6 Gift to wife of such articles as she may select [204.20] B4.7 Gift to wife of such articles as she may select up to a stated amount and of the residue to testator's daughters [204.21] B4.8 Gift of articles of personal adornment to daughters as trustees shall determine [204.22] B4.9 Gift of articles with request to distribute them in accordance with testator's wishes [204.23] B4.10 Gift of chattels selected by trustees on life interest trusts 1204.24] B4.11 Gift to trustees of chattels upon a short-term discretionary trust 1204.25] B4.12 Gift of chattels in specific dwellinghouse [204.26] B4.13 Gift of chattel with residuary estate paying costs of preservation, transport, packing and insurance [204.27] B4.14 Gift of item which might be conditionally exempt from inheritance tax [204.28] B4.15 Gift to a public collection or the nation of a work of art
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