Will - Gifts to Others With Residue to an Adult
This UK Will is suitable if you are single, divorced, separated; do not have children; and ultimately want to give the majority of your estate to a specific individual; but you want to give some gifts to other beneficiaries or charities as well.
If you just want to leave your entire estate to one person and leave no other gifts then please use the
Single Beneficiary Will.
Among others, this Will includes the following provisions: Appointment of Executor; Specific Legacies; Pecuniary Legacies; Properties; Charities;
Trustee Powers; Survivorship Provision; and Funeral and Wishes.
This lawyer-prepared packet includes the following:
- Will - Gifts to Others, Residue to Adult
- Commentary for this Will
- A Completed Sample of this Will
- Step by step guide to making a will (8 pages)
- Signing Instructions (5 pages)
This Will form has been created by UK lawyers for use in England and Wales.
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Will - Gifts to Others With Residue to an Adult
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Sample
4
nd then by us in the presence of the testator Witness 1 Signature: Hayley Green Full Name: Hayley Green Address:12 Hilltop, London, N14 7HG
Occupation:Secretary
Accountant
Will Gifts to Others - ober 2008
Signature of testator
...Robert
Sands...........................................
Witness 2 David Dunne David Dunne 30 Moore Road, London, SE2 3RT
Signed by the testator in our presence aish for Say A Little Prayer For Me by Aretha Franklin to be played at my funeral 13.2 I wish for blue and yellow flowers to be at my funeral service
Testimonium and attestation Signed by me on 14 Octees.
Will Gifts to Others - Sample
3
12.
FUNERAL I wish that my body be buried and the expense thereof shall be a first charge on my Estate
13.
WISHES I express the following wishes:
13.1 I wstate to the person who purports to be the treasurer or other appropriate officer of any charity which is entitled to such assets, and the receipt of such person shall be a full discharge to the Trust by thirty days shall be treated for the purposes of my Will as having died in my lifetime.
11.
PAYMENTS TO CHARITIES The Trustees may pay or transfer any assets comprised in, or any income of, my E be required to see to the application of any payments so made.
9.2
9.3
9.4
9.5
9.6
10.
SURVIVORSHIP PROVISION Every person who would otherwise benefit under my Will but who fails to survive meher to a parent or guardian of the infant or to the infant personally, if he shall have attained the age of 16, so that their respective receipts shall be a full discharge to my Trustees who shall note they have an obligation or discretion under this my Will or general law to pay income or capital to or for the benefit of an infant, to meet that obligation or exercise that discretion by paying eitthink fit, and to pay premiums out of income or capital, and to use any insurance money received either to restore the asset in question or as if this money were the proceeds of sale; in any case wheral owner, and to use trust money in or towards the purchase or improvement or repair of property for occupation as a residence by a beneficiary; to insure any asset of my Estate on such terms as they the consents required by the wording of that section, and even though one or more of them may be beneficially interested in the appropriation; to invest as freely as if they were an absolute beneficititled, bring into account any payments received under this subclause; to exercise the power of appropriation conferred by section 41 of the Administration of Estates Act 1925 without obtaining any oft of the capital to which that beneficiary is entitled or may in future be entitled; and I leave it to the discretion of my Trustees as to whether any such beneficiary shall, on becoming absolutely enart of he income from that part of my Estate to which he is entitled or may in future be entitled; to pay to, or apply for the benefit of, any beneficiary as my Trustees think fit the whole or any parERS My Trustees shall have the following powers in addition to their powers under general law:
9.1
to pay to, or apply for the benefit of, any beneficiary as my Trustees think fit the whole or any p to The National Society for the Prevention of Cruelty to Children of Weston House, 42 Curtain Road, London EC2A 3NH with registered number 216401.
Will Gifts to Others - Sample
2
9.
TRUSTEE POW of 22 Acacia Avenue, Harrow, MX3 7HG absolutely provided that he/she survives me by thirty days If no person shall inherit my Residuary Estate or part of it under the preceding gifts I give my estate net proceeds of such sale calling in and conversion and any ready money belonging to me at my death ON TRUST as to both capital and income as follows:-
8.1 8.2
Upon trust for my brother Harry Sandstrust to sell call in and convert the same into money at such time or times and in such manner as my Trustees shall in their absolute discretion think fit without being liable for loss and to hold they Will or by any codicil hereto and all tax and other duty payable on or by reason of my death I give all my Estate not specifically disposed of by my Will (`my Residuary Estate') to my Trustees upon dministration expenses and to give effect to legacies.
8.
RESIDUARY ESTATE Subject to and after payment of my debts and funeral and testamentary expenses and the legacies and devises given by this mA 3NH with registered number 216401 the sum of £500
7.
ADMINISTRATION OF MY ESTATE My Executors shall hold my Estate upon trust to pay, discharge or provide for my debts, funeral, testamentary and assex Street, London N1 8KL
6.
CHARITIES I give the following charitable legacies:
6.1
to The National Society for the Prevention of Cruelty to Children of Weston House, 42 Curtain Road, London EC2e of inheritance tax and free of mortgage and charge):
5.1
all my interest at the date of my death in the property known as Flat 6, Southside, Manchester M4 4DF to my sister Susan Lucy Young of 56 Eondon N3 9WS two thousand pounds (£2000) to each of my nephews, Freddy Jackson of 13 Ocean Drive, Florida, USA and Adam Jackson of 73 The Mews, London, W12 3SW;
5.
PROPERTY I give the following (fre
PECUNIARY LEGACIES
Will Gifts to Others - Sample
1
I give the following pecuniary legacies subject to inheritance tax: 4.1 4.2 one thousand pounds (£1000) to Jamie Hargreaves of 3 The Downage, Lection to my good friend Edward Graham Smith of 10 The Heardrow, London E4 8HJ; and my diamond encrusted black onyx signet ring to my best friend Giles Mathers of 29 Redrow Lane, London SW12 8HG.
4.
`Trustees' shall mean the Executors or the trustees for the time being of this my Will.
3.
SPECIFIC LEGACIES I give the following legacies, free of inheritance tax:
3.1 3.2
my watch and stamp coller situate; all property of every kind, wherever situate, over which I have a general power of appointment; and the money, investments and property from time to time representing the above.
2.3
the 2.2
`my Executors' shall mean the persons appointed by clause 1 or any other persons who act as my personal representatives. `my Estate' shall mean: (a) (b) (c) all my property of every kind, wherevn be unable or unwilling to act I appoint John Yates of 34 Church Street, Watford EN8 3DE to fill any vacancy
2.
INTERPRETATION I declare that in my Will, the following definitions shall apply:
2.1XECUTORS I appoint as executors and trustees of my will Mary Smythe of 10 The Lanes, London E6 8HJ and John Brewer of 13 Arden Road, London N3 9KL but should one or more predecease me or for any reasors
5
LAST WILL AND TESTAMENT
I, Robert Arnold Sands of 10 The Hawthornes, London E6 8HJ revoke all my former wills and codicil and declare this to be my last will (`my Will').
1.
APPOINTMENT OF E...........................
Signed by the testator in our presence and then by us in the presence of the testator Witness 1 Signature: Full Name: Address: Witness 2
Occupation:
Will Gifts to Othete
14.
WISHES I express the following wishes:
14.1 I wish [ 14.2 I wish [
] ]
Will Gifts to Others
4
Testimonium and attestation Signed by me on 20
Signature of testator
...................d the receipt of such person shall be a full discharge to the Trustees
13.
FUNERAL I wish that my body be _______________[cremated][buried] and the expense thereof shall be a first charge on my Estamay pay or transfer any assets comprised in, or any income of, my Estate to the person who purports to be the treasurer or other appropriate officer of any charity which is entitled to such assets, ano would otherwise benefit under my Will but who fails to survive me by thirty days shall be treated for the purposes of my Will as having died in my lifetime.
11.
PAYMENTS TO CHARITIES The Trustees 16, so that their respective receipts shall be a full discharge to my Trustees who shall not be required to see to the application of any payments so made.
10.
SURVIVORSHIP PROVISION Every person wh the benefit of an infant, to meet that obligation or exercise that discretion by paying either to a parent or guardian of the infant or to the infant personally, if he shall have attained the age of s to Others
in question or as if this money were the proceeds of sale; 9.6 in any case where they have an obligation or discretion under this my Will or general law to pay income or capital to or forasset of my Estate on such terms as they think fit, and to pay premiums out of income or capital, and to use any insurance money received either to restore the asset 3
9.2
9.3
9.4
9.5
Will Gifteely as if they were an absolute beneficial owner, and to use trust money in or towards the purchase or improvement or repair of property for occupation as a residence by a beneficiary; to insure any Estates Act 1925 without obtaining any of the consents required by the wording of that section, and even though one or more of them may be beneficially interested in the appropriation; to invest as freficiary shall, on becoming absolutely entitled, bring into account any payments received under this subclause; to exercise the power of appropriation conferred by section 41 of the Administration of y Trustees think fit the whole or any part of the capital to which that beneficiary is entitled or may in future be entitled; and I leave it to the discretion of my Trustees as to whether any such ben my Trustees think fit the whole or any part of he income from that part of my Estate to which he is entitled or may in future be entitled; to pay to, or apply for the benefit of, any beneficiary as mbstitute beneficiaries].
9.
TRUSTEE POWERS My Trustees shall have the following powers in addition to their powers under general law:
9.1
to pay to, or apply for the benefit of, any beneficiary asiciaries there can be more than one and they can share the Residuary Estate equally or in whatever fractions you determine] of _________________________________________________ [insert address of surovided that
8.2
If no person shall inherit my Residuary Estate or part of it under the preceding gifts I give it to _____________________________________________ [insert name(s) of substitute benef _________________________ _____________________________________ he/she survives me by thirty days.
[insert name of recipient entitled to the Residuary Estate] [address of recipient]
of absolutely ple for loss and to hold the net proceeds of such sale calling in and conversion and any ready money belonging to me at my death ON TRUST as to both capital and income as follows:-
8.1
Upon trust fortate') to my Trustees upon trust to sell call in and convert the same into money at such time or times and in such manner as my Trustees shall in their absolute discretion think fit without being liaband devises given by this my Will or by any codicil hereto and all tax and other duty payable on or by reason of my death I give all my Estate not specifically disposed of by my Will (`my Residuary Esdministration expenses and to give effect to legacies.
Will Gifts to Others
2
8.
RESIDUARY ESTATE Subject to and after payment of my debts and funeral and testamentary expenses and the legacies
of of
. .
]; ].
registered number if available]
7.
ADMINISTRATION OF MY ESTATE My Executors shall hold my Estate upon trust to pay, discharge or provide for my debts, funeral, testamentary and address of charity] the sum of £[ to _________________________________ [insert name of charity and __________________________ [insert address of charity] the sum of £[
registered number if available]
ert full address of recipient];
6.
CHARITIES I give the following charitable legacies:
6.1 6.2
to _________________________________ [insert name of charity and __________________________ [insert a death in the property known as _________________________________ [insert address of the property] to my __________________________ [relationship][name of recipient] of __________________________ [ins____________________ [insert full address of recipient];
4.2
4.3
5.
PROPERTY I give the following (free of inheritance tax and free of mortgage and charge):
5.1
all my interest at the date of my_____ [insert full address of recipient]; and _________________________________ [amount of money in words] pounds (£______) to my __________________________ [relationship][name of recipient] of ______ull address of recipient]; and _________________________________ [amount of money in words] pounds (£______) to my __________________________ [relationship][name of recipient] of _____________________ance tax:
4.1
_________________________________ [amount of money in words] pounds (£______) to my __________________________ [relationship][name of recipient] of __________________________ [insert f______________ ______________________________ [insert full address of recipient].
[relationship][name of recipient]
of
4.
PECUNIARY LEGACIES I give the following pecuniary legacies free of inherit_____________________________ [relationship][name of recipient] of ______________________________ [insert full address of recipient]; and
Will Gifts to Others
1
3.3
my [ ] to my ________________ree of inheritance tax:
3.1 3.2
my [ ] to my ______________________________ [relationship][name of recipient] of ______________________________ [insert full address of recipient]; and my [ ] to my _erty from time to time representing the above.
2.3
the `Trustees' shall mean the Executors or the trustees for the time being of this my Will.
3.
SPECIFIC LEGACIES I give the following legacies, fl mean: (a) (b) (c) all my property of every kind, wherever situate; all property of every kind, wherever situate, over which I have a general power of appointment; and the money, investments and propt in my Will, the following definitions shall apply:
2.1 2.2
`my Executors' shall mean the persons appointed by clause 1 or any other persons who act as my personal representatives. `my Estate' shalI appoint ______________________ [INSERT NAME OF SUBSTITUE EXECUTOR] of ______________________________ [INSERT FULL ADDRESS OF SUBSTITUE EXECUTOR] to fill any vacancy
2.
INTERPRETATION I declare tha_____________________ [SECOND EXECUTOR] of ______________________________ [INSERT FULL ADDRESS OF SECOND EXECUTOR] but should one or more predecease me or for any reason be unable or unwilling to act ').
1.
APPOINTMENT OF EXECUTORS I appoint as executors and trustees of my will ______________________ [FIRST EXECUTOR] of ______________________________ [INSERT FULL ADDRESS OF FIRST EXECUTOR] and _
I, _____________________________ [INSERT NAME OF TESTATOR] of _____________________________ [INSERT FULL ADDRESS] revoke all my former wills and codicil and declare this to be my last will (`my WillEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
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LAST WILL AND TESTAMENTREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NTHE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) all serious legal matters. No Solicitor-Client relationship is created by use of these materials.
THESE MATERIALS ARE PROVIDED "AS-IS." FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANT") is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only a solicitor can provide legal advice. A solicitor should be consulted for o their gift then you will need to delete the words "free of" and replace them with "subject to". Check out clause 4 in the example Will for an example of this.
DISCLAIMER:
FindLegalForms, Inc. ("FLF of £40,000 is owed then Bob would receive £360,000 as the tax would need to be paid out of Bob's gift). If you want each person to bear the liability of his or her own inheritance tax by
reference tey used to pay Inheritance Tax will be borne by the person who is entitled to the Remainder of the Estate. (e.g. If Bob is entitled to the remainder of the Estate which is £400,000 and Inheritance Taxthen just delete those clauses.
We have one final point re the gifts. All the specific, general and money gifts are given free of inheritance tax in the template Will. What this means is that the mon relate to the different gifts. Please be as detailed as possible. We have provided you with example gifts in the example Will. If you do not have gifts of a certain class to leave (i.e. money gifts) you. We have drafted the Will on the basis that you will have two executors and one substitute. If you do not want the substitute executor then just delete that wording.
Clauses 3 to 6: These clausesld be easy to use. However we would like to draw to your attention the following:
Clause 1: You can appoint up to 4 executors if you wish. We at least recommend two in the event that one dies before ete the relevant clause of the Will. All the other numbers in the document will automatically change. As with all our documents this Will has been drafted in simple straightforward language so it shouow we have done it.
Also note that the Will has automatic clause numbering. If you need to delete some of the gifts clauses (e.g. because you do not have a property to give away) then just simple del Will. Once you have inserted the correct information or chose the right clause then please delete all square brackets and clauses that are not required. Again please look at the example Will to see hin it. These square brackets are an indicator to you that information is required to be inserted or that you need to choose the appropriate clause from the selection of clauses presented to you in theing Instructions Download: http://www.findlegalforms.com/public/UK/Signing-Instructions.pdf
WILL Gifts to Others With Residue to an Adult INSTRUCTIONS You will notice in our Will square brackets with Instructions) 2. Will Gifts to Others, Residue to Adult Template 3. Will Completed Sample 4. General Wills Guide Download: http://www.findlegalforms.com/public/UK/DIY-Guide-UK-Wills.pdf 5. Signshows you an imaginary completed Will which should assist you in the preparation of yours. This packet includes the following: 1. Will Gifts to Others, Residue to Adult Commentary (Information andease make sure you to do so in conjunction with our General Wills Guide which explains in detail how a Will works and what the different types of gifts are. Please also look at our example Will which your estate to your specific individual.
If you just want to leave your entire estate to one person and leave no other gifts then please use the Single Beneficiary Will.
When completing your Will pl of your estate to a specific individual (which can be a child even if it is not your child e.g. a nephew); but 4. you want to give some gifts to other beneficiaries or charities as well as leaving WILL Gifts to Others With Residue to an Adult INFORMATION This Will is suitable if you: 1. are single or divorced or separated; and 2. do not have children; and 3. ultimately want to give the majority
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Will - Gifts to Others With Residue to an Adult
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