Last Will and Testament for England

LAST WILL AND TESTAMENT

I, _____________, of _____________, _____________, _____________, in order to settle the succession to my estate after my death provide as follows:

  1. Revocation. I hereby revoke all prior wills and testamentary dispositions made by me and declare this to be my last Will and Testament (my "Will").
  2. Children. I have no living children.
  3. Executor and Trustee. I appoint as executor and trustee (my "Executor" and "Trustee") of _____________, _____________, _____________.
    1. Alternative Executor and Trustee. In the event that my Executor predeceases me, or be unwilling or unable to act or continue to act as Executor, then I appoint _____________ of _____________, _____________, _____________ to act as Executor in his or her place.
  4. Legacies
  5. Personal Chattels. I give to be sold and added to my estate such of my personal chattels as defined by section 55(1)(x) of the Administration of Estates Act 1925 as are not hereby, or by any codicils hereto, otherwise specifically disposed of.
    1. I give all my personal chattels not otherwise specifically gifted by my Will or any codicils free of all taxes and death duties to my Trustees as beneficial legatees and I request my Trustees within two years of my death but without imposing any binding trust or legal obligation and without conferring any interest on any other person.
    2. To the extent there are personal chattels not disposed of by my Trustees under the terms of this clause they shall fall into and form part of my Residuary Estate.
  6. Administration of My Estate
    1. I give all my real and personal property whatsoever and wheresoever not hereby, or by any codicil hereto, otherwise specifically disposed of, including any property over which I may have general power of appointment or disposition by Will, to my Trustees upon trust to sell call in and convert the same into money with power to postpone the sale calling in and conversion thereof for so long as they shall in their absolute discretion think fit without being liable for loss and to hold the proceeds of such sale calling in and conversion and my ready money ("Residuary Estate") upon the following trusts:
      1. Upon trust to pay thereout my debts and legacies and funeral and testamentary expenses and taxes thereto.
      2. Upon trust absolutely for _____________ of _____________, _____________, _____________ if he or she shall survive me for a period of 28 days, otherwise.
      3. Upon trust absolutely for _____________ of _____________, _____________, _____________ if he or she shall survive me for a period of 28 days, otherwise.
      4. Upon trust absolutely for _____________ of _____________, _____________, _____________.
  7. Declarations. I declare that:
    1. Clause headings are included for reference purposes only and do not affect the interpretation of my Will.
    2. Words denoting the singular shall include the plural and vice versa and the masculine includes the feminine and vice versa.
    3. Person shall include a body of persons either corporate or incorporate.
    4. Reference to any statutory provisions shall include any statutory modification or re-enactment of such provisions.
  8. Charities. If at my death any charity to which I have made a gift does not exist, the gift will not fail but my Trustees may pay it to such other charity with similar aims as they shall think fit.
  9. Declaration excluding Section 33 of the Wills Act 1837. Section 33 of the Wills Act 1837 (as substituted by Section 19 of the Administration of Justice Act 1982) shall not apply to any of the foregoing clauses.
  10. Standard Provisions. The standard provisions of the Society of Trust and Estate Practitioners (2nd Edition) shall apply to my Will.

Testimonium and Attestation

IN WITNESS whereof I have hereunto set my hand this ___________ day of ___________ (month) ___________ (year).

SIGNED by _____________ as Testator's last Will in the presence of us both present at the same time who at Testator's request and in Testator's presence and in the presence of each other have hereunto subscribed our names as witnesses.

Signed by the above named in our presence and by us in his.

_____________________ Testator

FIRST WITNESS

Signed: _____________________

Print: ______________________

Address: ____________________

____________________________

____________________________

____________________________

____________________________

Occupation: __________________

SECOND WITNESS

Signed: _____________________

Print: ______________________

Address: ____________________

____________________________

____________________________

____________________________

____________________________

Occupation: __________________

Instructions for Your Last Will and Testament



A Will is a legal document created to specify how one's affairs are to be handled upon death. The creator of the Will, known as a Testator, must make important decisions such as how to distribute belongings, who will be guardian to any minor children and how one would like their remains handled. Even though there is the common perception that only the wealthy or people with land need to make a Will, this could not be further from the truth. With such important decisions to be made even the youngest and most healthy of people should plan for the future.

LegalNature's Last Will and Testament is predominantly designed for estates up to 325,000. This is not to say that it is not possible to use this Will for estates valued over the said amount, however currently the Inheritance Tax threshold is set at 325,000. In the event that an estate is worth in excess of the Inheritance Tax threshold some form of estate planning may be advisable.

Estate

An estate is the culmination of everything that the Testator owns. The estate can then be broken down into a further three different categories, which are all dealt with in separate parts of the Will.

Legacies

Legacies form the part of an estate which is purely money. This could range from cash reserves stored at home to money lodged in a bank account. Although related to money, stocks do not fall under legacies.

Moveable Property

Moveable Property consists of any possession other than money or land. This category is the most widely encompassing and ranges from books to art. Stocks are included in the category of Moveable Property and the Testator should consult their broker or account manager regarding any action needed to transfer these to a beneficiary.

Heritable Property

Heritable Property consists of all land and houses owned by the Testator. In order to pass Heritable Property on as a gift the land must be owned outright or there must be provisions to pay the balance of any debts upon the Testators death.

The Testator reserves the right to distribute all parts of their estate as they desire and see fit. The person who will receive the gift is known as a Beneficiary, this can be an individual, a corporation, a charity or a specific group of people. It is very important that a Testator is as specific about a beneficiary as possible. Where possible, the Testator should give the full name and address of any person that is due to inherit under a will. If there is any ambiguity as to whom the gift is made, there is a likelihood that the gift will fail and the intended recipient will not be able to inherit the desired gift. LegalNature's Will also has the ability to include alternative beneficiaries. This allows the Testator to nominate an alternative beneficiary in the event that the gift to the first beneficiary fails. There are many reasons a gift may fail, including, but not limited to, ambiguity and death of a beneficiary. By using an alternative beneficiary a Testator can ensure the correct recipient of a prized possession.

Residue

The Residue of a Testator's estate is that which is leftover after all liabilities are paid and gifts are distributed. In the event that there are any failed gifts, these will also become part of the residue. Like any other part of the Testator's estate, the residue can be gifted to any legal person. One thing to keep in mind is that the value of the Residue is uncertain until the Will has been enacted.

Executor

Whilst making a Will, one of the most important decisions the Testator will make is who will act as Executor. When choosing an Executor, the Testator should give careful thought and consideration as to who will perform this duty as the task can be quite onerous. The Executor will be the person that ensures that all the Testator's affairs are wound up and enacts all wishes that are made in the Will. When considering who to choose, it is worth considering someone who is good with numbers and can act decisively. It will be the Executor's responsibility to pay any taxes due and could potentially need to decide to sell chattels or real property. There are no limitations upon who can be chosen as Executor, however in Scotland the Executor must be at least 16 years old. Additionally, it is also acceptable for the Executor to also be a beneficiary under the Will; this is often the case. It is commonplace for Testator's to choose either their spouse or other family members as an Executor. In the event that the Testator struggles to find a suitable person to act as Executor, it is possible to retain the services of a professional, such as a solicitor, to fulfil this role.

LegalNature's customisable form builder allows the Testator to include both a Co-Executor and an Alternative Executor. When considering a whether to include a Co-Executor, one should consider the abilities and health of the first Executor. As stated above, the role of Executor can be onerous and complex. The option to include a Co-Executor allows the Testator to include someone who either has special knowledge, such as an accountant, or provides help if the first Executor is unable or struggles to fulfil the role. In regards to an Alternative Executor, although not necessary, it is highly advisable to include one. It must be kept in mind that Wills are written for future use, as all things are unpredictable, one cannot guarantee the availability of only one chosen Executor. This feature allows the Testator some reassurance that their wishes will be seen out by the person of their choosing.

Executing Your Will

In order to make a Will legal and valid it must be executed properly. In order to execute the Will properly the Testator must sign and date the Will in the presence of a witness. Under Scots Law, the Testator, in the presence of the Witness, must sign every page of the Will. The Will can be signed in the lower right hand corner. After the Will is signed, dated by the Testator and the address of signing is inserted, the Witness must then proceed to sign and date in the allotted space. There is no need to register the Will once it has been executed, however it is advisable to keep it in a safe place and inform the Executors of its location. Alternatively, the Testator can make use of various Will storing facilities.

Witnesses

There are very few restrictions on who can act as Witness to a Will. However, under no circumstances should a Witness have an interest or benefit in any way from the Testator's will. In other words, a Witness cannot be a beneficiary or be included in a group of beneficiaries under the Testator's Will. Although there are no age restrictions as to who may be a Witness, it is advisable to select a person who is over the age of 18.

Survivorship Clause

As an option, the Testator is able to include a Survivorship Clause on all gifts given under this Will. The Survivorship Clause has the effect that a beneficiary must survive the Testator by 28 days in order to inherit the gift. There are pros and cons to the use of a Survivorship Clause and must be carefully considered. For example, this clause could lead to lengthier probate or have tax effects depending on previous estate planning.

NOTE: WILLS ARE IMPORTANT LEGAL DOCUMENTS THAT IMPACT YOUR PROPERTY AND RELATIVES. YOU SHOULD CONSULT A SOLICITOR IF THERE IS ANYTHING IN A WILL THAT YOU DO NOT UNDERSTAND.

Please note that the language you see here changes depending on your answers to the document questionnaire.

Last Will and Testament

A last will and testament is used to distribute a person's possessions and provide directions to loved ones when the person dies. If you are over the age of 25, it's important for you to have a will, even if you don't own many assets to give away. A will ensures that the people you care about will know your wishes after you pass away.

LegalNature helps guide you through each step of the process, explaining what you need to know to create a legally valid and strong last will and testament. Besides helping you decide how to efficiently distribute your assets, you will have the option of specifying your funeral and burial wishes, who you want to administer your estate when you die and who you'd like to look after any children you may have.

Use LegalNature to easily and quickly complete, store and download your last will and testament.

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