A to Z of Will Drafting

Introduction

Will drafting is becoming more complex due to the nature of more complicated family dynamics, tax planning and care fees planning.

Practitioners need to be more aware of the interaction and use of trusts either in a person’s lifetime (‘inter-vivos’) or within a will and advise clients accordingly.

In addition, practitioners are now called into question as regards will validity and more challenges than ever are made against will writers.

This full day in-person seminar will consider the current rules for will drafting, giving practical advice as to the use of will trusts, the interaction with the Trust Registration Service and protecting yourself against future challenges to wills you may draft.

What You Will Learn

This course will cover the following:

• The Wills Act and its requirements
• Electronic witnessing of wills
• The layout of wills: common clauses, gifts, and gifts of residue
• Electronic assets
• Care fees planning and life interest clauses
• Discretionary trusts
• The Residence Nil Rate Band and its impact on drafting
• The Trust Registration service and its impact on will drafting
• Practical advice - making use of allowances
• Challenges to wills
• Larke v Nugus statements
• Lodging caveats