LAST WILL AND TESTAMENT
of ________
§ 1. DECLARATION AND IDENTITY
1.1. I, ________, of ________ (date of birth ________), declare this to be my last Will and Testament (this Will).
1.2. I make this Will to deal with the disposition of all property and assets, wherever situated, that I am entitled to dispose of by will at the date of my death.
1.3. I declare that I am of full age, of sound mind, memory and understanding, and that I make this Will freely and voluntarily, without any undue influence, duress or coercion.
§ 2. PRELIMINARY DECLARATIONS AND DEFINITIONS
2.1. Revocation. I revoke all former wills, codicils and other testamentary dispositions previously made by me and declare this to be my last Will.
2.2. Relationships. At the date of making this Will I am ________. I am aware that, save where a will is expressed to be made in contemplation of a particular marriage or civil partnership, marriage or the formation of a civil partnership generally revokes a will pursuant to section 18 (or section 18B) of the Wills Act 1837.
2.3. My Estate. "My Estate" means all property and assets, of whatever nature and wherever situated, which I am entitled to dispose of by will at the date of my death.
2.4. My Residuary Estate. "My Residuary Estate" has the meaning given in § 7.2.
2.5. Personal Chattels. "Personal Chattels" has the meaning given in section 55(1)(x) of the Administration of Estates Act 1925 (as amended by section 3 of the Inheritance and Trustees' Powers Act 2014).
2.6. My Trustee. "My Trustee" means the executor(s) and trustee(s) for the time being of this Will, whether original, additional or substituted.
2.7. Interpretation. Words importing one gender include every gender, and words importing the singular include the plural and vice versa. References to statutory provisions include any statutory modification or re-enactment of them for the time being in force.
§ 3. APPOINTMENT OF EXECUTORS AND TRUSTEES
3.1. I appoint ________ (________) of ________ to be the sole Executor and Trustee of this Will.
3.2. If the person appointed in § 3.1 is unwilling or unable to act, or having acted ceases to act, before completing the administration of my Estate, I appoint ________ of ________ to be the Executor and Trustee of this Will in their place.
3.3. Where this Will creates a trust of land or there is a minor beneficiary, the appointment shall be read so that, where the law requires, not fewer than two trustees or a trust corporation shall act.
3.4. Any of my Trustees who is engaged in a profession or business may charge and be paid all usual professional or proper charges for work done by them or their firm in connection with the administration of my Estate or any trust arising under it, including work which need not have been done by a person acting professionally, in accordance with sections 28 and 29 of the Trustee Act 2000.
§ 4. PECUNIARY LEGACIES
4.1. I give the following pecuniary legacies free of inheritance tax.
4.2. I give the sum of £________ (________) to ________ of ________, provided that they survive me by 28 days.
4.3. If any legatee under this § 4 fails to survive me, or fails to survive me by 28 days, the legacy to that person shall lapse and fall into my Residuary Estate.
§ 5. PERSONAL CHATTELS
5.1. I give to my Trustee all my Personal Chattels free of inheritance tax, to dispose of them in accordance with any wishes I may have expressed (whether in writing or otherwise), such wishes not being binding on my Trustee, except for any Personal Chattels specifically given to other persons in this Will or any codicil to it.
5.2. I give my ________ free of inheritance tax to ________ of ________, provided that they survive me by 28 days.
§ 6. ADMINISTRATION OF MY ESTATE
6.1. My Trustee shall hold my Estate on trust with power to sell, call in and convert into money such part of it as does not consist of money, with power to postpone such sale, calling in and conversion for so long as my Trustee thinks fit, and shall pay from my Estate:
6.1.a. my funeral and testamentary expenses;
6.1.b. the costs of administering my Estate;
6.1.c. all my debts and liabilities outstanding at the date of my death;
6.1.d. all gifts and legacies made in this Will or any codicil to it; and
6.1.e. any inheritance tax payable by reason of my death in respect of my Estate (and any other property treated as forming part of my estate for inheritance tax purposes that is borne by my Estate).
6.2. My Trustee shall hold whatever remains of my Estate after these payments have been made, together with any income arising from it (my Residuary Estate), on the trusts set out in § 7.
§ 7. RESIDUARY ESTATE
7.1. Subject to § 7.2 and § 7.3, my Trustee shall hold my Residuary Estate (and all income arising from it) on trust for ________ of ________ (the First Residuary Beneficiary) absolutely, provided that they survive me by 28 days.
7.2. If the First Residuary Beneficiary fails to survive me by 28 days, my Trustee shall hold my Residuary Estate (and all income arising from it) on trust for such of the children of the First Residuary Beneficiary as survive me and attain the age of 18 years and, if more than one, in equal shares absolutely.
7.3. If neither of the trusts in § 7.1 and § 7.2 takes effect, my Trustee shall hold my Residuary Estate (and all income arising from it) on trust for ________ of ________ absolutely.
§ 8. GUARDIANSHIP
8.1. If at the date of my death there is any child of mine who is under the age of 18 years, I appoint ________ of ________ to be the guardian of any such child during their minority pursuant to section 5 of the Children Act 1989.
8.2. I express the wish (which is not binding on my Trustee) that my Trustee shall provide the guardian with such funds out of my Estate as may reasonably be required for the maintenance, education and benefit of any such child.
§ 9. POWERS OF MY TRUSTEE
9.1. In addition to all powers conferred upon trustees by the general law (including the Trustee Act 1925, the Trustee Act 2000 and the Trusts of Land and Appointment of Trustees Act 1996), my Trustee shall have the following powers in respect of the administration of my Estate and any trust arising under this Will.
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9.4. My Trustee shall have the power to insure any asset of my Estate against any risk to its full value, and to pay the premiums out of income or capital, and to appropriate any asset in or towards satisfaction of any legacy or share without the consent of any beneficiary.
9.5. My Trustee shall have the power to employ and pay agents, nominees and custodians, and to delegate to them, in accordance with Part IV of the Trustee Act 2000.
§ 10. MISCELLANEOUS PROVISIONS
10.1. If I have not disposed of the whole or any part of my Residuary Estate by this Will, any such failure is intentional and not due to oversight on my part, save as otherwise expressly provided in this Will.
10.2. Any gift in this Will to a person who witnesses this Will or whose spouse or civil partner witnesses it shall be void as against that person to the extent required by section 15 of the Wills Act 1837, but the remainder of this Will shall remain valid.
10.3. If any provision of this Will is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
§ 11. GOVERNING LAW AND JURISDICTION
11.1. This Will and all trusts created under it shall be governed by and construed in accordance with the laws of England and Wales.
11.2. The courts of England and Wales shall have exclusive jurisdiction in respect of any matter arising under or in connection with this Will.
§ 12. ATTESTATION
Signed by me as my last Will on this ________ day of ________ ________.
Signed by the above-named ________ as their last Will, in our joint presence, and then by us in their presence and in the presence of each other, in accordance with section 9 of the Wills Act 1837 (as amended).
TESTATOR
SIGNED: _________________________________
________
WITNESS 1
SIGNATURE: _______________________________
FULL NAME (PRINTED): ________
ADDRESS: ________
OCCUPATION: ________
WITNESS 2
SIGNATURE: _______________________________
FULL NAME (PRINTED): ________
ADDRESS: ________
OCCUPATION: ________