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Typical Will of married person making various gifts and leaving residue to spouse absolutely with substitutional gift to children.
This precedent attempts, in so far as it is possible to conceive such a thing, a relatively simple and typical ‘family’ will for married persons with children on the assumption that, if children’s interests as minors arise, the statutory powers of investment, maintenance etc will be adequate.
DISCLAIMER – this Will is made freely available however it is simply a typical Will – there can be no substitute for proper legal advice based on expert assessment of the facts – no responsibility is accepted by DLC Solicitors Ltd for any consequences arising from using this Will or any part of it without having first obtained proper legal advice from a Solicitor.
The rules concerning the valid witnessing of Wills are complicated and must be adhered to. In general the Testator must sign the Will in the presence of two independent adult witnesses (not anyone who could benefit from the Will) and the witnesses should then both sign in the presence of the Testator adding their names and addresses.
THIS IS THE WILL of me (name) of (address) which I make on (date).
REVOCATION
1 I revoke all former wills and other testamentary dispositions made by me.
EXECUTORS
2 I appoint (name) of (address) and (name) of (address) “my Trustees” to be the executors and trustees of this will.
GUARDIANS
3 I appoint (name) of (address) and (name) of (address) to be the guardians of my child or children under the age of 18 at the date of my death and I direct that my children shall be brought up in accordance with the beliefs of (religion).
FUNERAL DIRECTIONS
4 I wish to be buried in accordance with any directions which I leave with this will.
PERSONAL CHATTELS
5 I give to (name) of (address) free of the costs of transfer all my personal chattels as defined by s 55 of the Administration of Estates Act 1925.
SPECIFIC GIFT OF FREEHOLD AND LEASEHOLD
6 I give my share and interest in the freehold or leasehold land and property known as (address) and registered at the Land Registry with title number (number) to (name) of (address) free of Inheritance Tax.
SPECIFIC GIFTS
7 I make the following gifts:
7.1 (description) to (name) of (address);
7.2 (description) to (name) of (address).
CASH GIFTS
8 I give the following gifts:
8.1 £ pounds to (name) of (address);
8.2 £ pounds to (name) of (address);
CHARITABLE GIFTS
9 I give the following charitable gifts:
9.1 £ pounds to (name of charity) (charity number) of (address);
9.2 £ pounds to (name of charity) (charity number) of (address);
9.3 I declare that the following shall apply to legacies given by this will:
— any reference to a charity includes any non-charitable institution named in it and, where there is more than one charity, each or all of them;
— if the charity has ceased to exist at the date of my death the benefit shall be given to any charity having the same or similar objects which my Trustees in their absolute discretion select;
— the receipt of the treasurer, secretary or other appropriate officer of the charity at the time when the benefit is paid shall be a complete discharge to my Trustees for the legacy given to it; and
— if any charity to which any benefit is given changes its name or constitution or amalgamates with any other charity then the renamed or reconstituted or amalgamated charity shall, if in the opinion of my Trustees it has the same or similar objects to those of the original charity, be entitled to receive the benefit given to the original charity.
GIFT OF RESIDUE
10 I give the residue of my property after payment out of it of all legacies given by me and my debts and funeral and testamentary expenses:
— to (my spouse) (name) of (address), but if they do not survive me by thirty days or the gift lapses or fails for any reason;
— to all of my children who are living at the date of my death and attain the age of 25 years and if more than one in equal shares.
SURVIVORSHIP
11 If any beneficiary under this will does not survive me by thirty days they shall be treated for the purposes of this will as though they had died before me.
ADVANCEMENT
12 My Trustees may at any time or times raise the whole or any part of the vested, contingent or presumptive share of any beneficiary under this will and pay it to or use it for the advancement, maintenance, education or otherwise for the benefit of that beneficiary.
TRUSTEES’ CHARGING CLAUSE
13 Any executor or trustee of this will and any codicil to it who is engaged in any profession or business shall be entitled to be paid all charges for work done by him or his firm in proving my will and any codicil to it or in connection with its trusts including work which a trustee could do personally.
In witness I have signed my name on the day and year first above written.
Signed by the Testator
in the presence of both of us
and then by us in the Testators presence.
Signed (first witness)
Signed (second witness)
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