Will - Gifts to Others, Residue to Partner, then Children
UK Will for person who is married (or in a serious long term relationship) with children.
This UK Will is suitable if you are married (or in a serious long term relationship); have children; and ultimately want to give the majority of your estate to your partner and if your partner dies before you, then to your children in equal shares; but you want to leave some gifts to other beneficiaries or charities.
If you just want to leave your entire estate to your partner (or children in the event of your partner’s death before you) then please use the Single Beneficiary Will.
Among others, this Will includes the following provisions:
If you just want to leave your entire estate to your partner (or children in the event of your partner’s death before you) 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
- Funeral and Wishes
- Will - Gifts to Others, Residue to Adult/Partner (but if he/she dies to children)
- 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 is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Will
Gifts to Others, Residue To Adult
(But If He/She Dies to Children)
This Packet Includes:
1. General Instructions Checklist
2. Information
3. Will - Gifts to Others, Residue to Adult
(but if he/she dies to children)
General Instructions & Checklist
Will Gifts to Others, Residue to Adult
(but if he/she dies to children)
You will notice in our Will square brackets within 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 the 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 how 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 delete 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 should 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 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 clauses 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 or property) then 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 money 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 Tax 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 to 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.
Information
WILL Gifts to Others With Residue to an Adult
This Will is suitable if you:
1. are married or in a serious long term relationship; and
2. have children; and
3. ultimately want to give the majority of your estate to you partner and if your partner dies before you, then to your children in equal shares; but
4. you want to give some gifts to other beneficiaries or charities other than your partner (or children if your partner has died before you).
If you just want to leave your entire estate to your partner (or children in the event of your partner’s death before you) then please use the Single Beneficiary Will.
When completing your Will please 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 shows you an imaginary completed Will which should assist you in the preparation of yours.
DISCLAIMER:
FindLegalForms, Inc. (“FLF”) 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 lawyer/solicitor/barrister can provide legal advice. A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / 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 MERCHANTABILITY, 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) THE 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, PROCUREMENT 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 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
LAST WILL AND TESTAMENT
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 Will’).
1. Appointment of Executors
I appoint as executors and trustees of my will [FIRST EXECUTOR] of [INSERT FULL ADDRESS OF FIRST EXECUTOR] and [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 I appoint [INSERT NAME OF SUBSTITUE EXECUTOR] of [INSERT FULL ADDRESS OF SUBSTITUE EXECUTOR] to fill any vacancy
2. Interpretation
I declare that in my Will, the following definitions shall apply:
2.1 ‘my Executors’ shall mean the persons appointed by clause 1 or any other persons who act as my personal representatives.
2.2 ‘my Estate’ shall mean:
(a) all my property of every kind, wherever situate;
(b) all property of every kind, wherever situate, over which I have a general power of appointment; and
(c) the money, investments and property 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, free of inheritance tax:
3.1 my [ ] to my [relationship][name of recipient] of [insert full address of recipient];
3.2 my [ ] to my [relationship][name of recipient] of [insert full address of recipient];and
3.3 my [ ] to my [relationship][name of recipient] of [insert full address of recipient].
4. Pecuniary legacies
I give the following pecuniary legacies free of inheritance tax:
4.1 [amount of money in words] pounds (£[amount of money in numbers]) to my [relationship][name of recipient] of [insert full address of recipient];
4.2 [amount of money in words] pounds (£[amount of money in numbers]) to my [relationship][name of recipient] of [insert full address of recipient]; and
4.3 [amount of money in words] pounds (£[amount of money in numbers]) to my [relationship][name of recipient] of [insert full address of recipient]
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 death in the property known as [insert address of the property] to my [relationship][name of recipient] of [insert full address of recipient];
6. CHARITIES
I give the following charitable legacies:
6.1 to [insert name of charity and registered number if available] of [insert address of charity ] the sum of £[ . ];
6.2 to [insert name of charity and registered number if available] of [insert address of charity ] the sum of £[ . ].
7. Administration of my Estate
My Executors shall hold my Estate upon trust to pay, discharge or provide for my debts, funeral, testamentary and administration 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 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 Estate’) 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 liable 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 for [insert name of recipient entitled to the Residuary Estate] of [insert address] absolutely provided that he/she survives me by thirty days but if he/she shall die in my lifetime or shall not survive me for the period of thirty days or if the foregoing gift fails for any reason then
8.2 Upon trust for such of my child or children as shall survive me and attain the age of 18 years and if more than one in equal shares absolutely PROVIDED THAT if any of my children shall die in my lifetime or after my death but before attaining a vested interest in my Residuary Estate leaving a child or children who shall attain the age of 18 years such child or children shall take by substitution and if more than one in equal shares absolutely the share or interest in my Residuary Estate which such deceased child of mine would have taken had he or she survived me and attained a vested interest under this my Will.
8.3 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 beneficiaries – there can be more than one and they can share the Residuary Estate equally or in whatever fractions you determine] of [insert address of substitute 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 as 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;
9.2 to pay to, or apply for the benefit of, any beneficiary as my 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 beneficiary shall, on becoming absolutely entitled, bring into account any payments received under this sub-clause;
9.3 to exercise the power of appropriation conferred by section 41 of the Administration of 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;
9.4 to invest as freely 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;
9.5 to insure any asset 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 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 for 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 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 who 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 may 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, and the receipt of such person shall be a full discharge to the Trustees
12. GUARDIAN
I appoint [insert name of Guardian] of [insert address of Guardian] and [insert name of Guardian] of [insert address of Guardian] to be the guardian of my minor children after the death of my wife/husband
13. FUNERAL
I wish that my body be [cremated][buried] and the expense thereof shall be a first charge on my Estate
14. WISHES
I express the following wishes:
14.1 I wish [ ]
14.2 I wish [ ]
Testimonium and attestation
Signed by me on 20
Signature of testator ……………………………………….
Signed by the testator in our presence and then by us in the testator’s presence
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Witness 1
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Witness 2
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Signature:
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Full Name:
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Address:
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Occupation:
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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 Executors
I appoint as executors and trustees of my will Mary Sands of 10 The Hawthornes, London E6 8HJ and John Brewer of 13 Arden Road, London N3 9KL but should one or more predecease me or for any reason 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:
2.1 ‘my Executors’ shall mean the persons appointed by clause 1 or any other persons who act as my personal representatives.
2.2 ‘my Estate’ shall mean:
(a) all my property of every kind, wherever situate;
(b) all property of every kind, wherever situate, over which I have a general power of appointment; and
(c) the money, investments and property 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, free of inheritance tax:
3.1 my silver Volvo XC90 with registration KM57 CHN to my brother Robert Graham Jones of 15 High Street, Leeds, LS3 9HJ; and
3.2 my diamond encrusted black onyx signet ring to my best friend Giles Mathers of 29 Redrow Lane, London SW12 8HG.
4. Pecuniary legacies
I give the following pecuniary legacies subject to inheritance tax:
4.1 one thousand pounds (£1000) to my brother in law Jamie Hargreaves of 3 The Downage, London N3 9WS
4.2 two thousand pounds (£2000) to each of my sons, Freddy Sands of 13 Ocean Drive, Florida, USA and Adam Sands of 73 The Mews, London, W12 3SW;
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 death in the property known as Flat 6, Southside, Manchester M4 4DF to my sister Susan Lucy Young of 56 Essex 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 EC2A 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 administration 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 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 Estate’) 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 liable 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 for my wife Mary Sands absolutely provided that she/he survives me by thirty days but if she/he shall die in my lifetime or shall not survive me for the period of thirty days or if the foregoing gift fails for any reason then
8.2 Upon trust for such of my child or children as shall survive me and attain the age of 18 years and if more than one in equal shares absolutely PROVIDED THAT if any of my children shall die in my lifetime or after my death but before attaining a vested interest in my Residuary Estate leaving a child or children who shall attain the age of 18 years such child or children shall take by substitution and if more than one in equal shares absolutely the share or interest in my Residuary Estate which such deceased child of mine would have taken had he or she survived me and attained a vested interest under this my Will
8.3 If no person shall inherit my Residuary Estate or part of it under the preceding gifts I give half of my estate to my brother Robert Graham Jones of 15 High Street, Leeds, LS3 9HJ and the other half to The National Society for the Prevention of Cruelty to Children of Weston House, 42 Curtain Road, London EC2A 3NH with registered number 216401.
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 as 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;
9.2 to pay to, or apply for the benefit of, any beneficiary as my 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 beneficiary shall, on becoming absolutely entitled, bring into account any payments received under this sub-clause;
9.3 to exercise the power of appropriation conferred by section 41 of the Administration of 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;
9.4 to invest as freely 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;
9.5 to insure any asset 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 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 for 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 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 who 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 may 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, and the receipt of such person shall be a full discharge to the Trustees
12. GUARDIAN
I appoint Robert Graham Jones and Hayley Jones of 15 High Street, Leeds, LS3 9HJ to be the guardian of my minor children after the death of my husband/wife
13. FUNERAL
I wish that my body be buried and the expense thereof shall be a first charge on my Estate
14. WISHES
I express the following wishes:
14.1 I wish for Say A Little Prayer For Me by Aretha Franklin to be played at my funeral
14.2 I wish for blue and yellow flowers to be at my funeral service
Testimonium and attestation
Signed by me on 14 October 2008
Signature of testator …Robert Sands…………………………………….
Signed by the testator in our presence and then by us in the testator’s presence
Witness 1
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Witness 2
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Signature: Hayley Green
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David Dunne
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Full Name: Hayley Green
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David Dunne
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Address:12 Hilltop, London, N14 7HG
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30 Moore Road, London, SE2 3RT
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Occupation:Secretary
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Accountant
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Number of Pages12
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#32572
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Will
Gifts to Others, Residue To Adult
(But If He/She Dies to Children)
This Packet Includes:
1. General Instructions Checklist
2. Information
3. Will - Gifts to Others, Residue to Adult
(but if he/she dies to children)
General Instructions & Checklist
Will Gifts to Others, Residue to Adult
(but if he/she dies to children)
You will notice in our Will square brackets within 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 the 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 how 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 delete 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 should 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 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 clauses 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 or property) then 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 money 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 Tax 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 to 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.
Information
WILL Gifts to Others With Residue to an Adult
This Will is suitable if you:
1. are married or in a serious long term relationship; and
2. have children; and
3. ultimately want to give the majority of your estate to you partner and if your partner dies before you, then to your children in equal shares; but
4. you want to give some gifts to other beneficiaries or charities other than your partner (or children if your partner has died before you).
If you just want to leave your entire estate to your partner (or children in the event of your partner’s death before you) then please use the Single Beneficiary Will.
When completing your Will please 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 shows you an imaginary completed Will which should assist you in the preparation of yours.
DISCLAIMER:
FindLegalForms, Inc. (“FLF”) 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 lawyer/solicitor/barrister can provide legal advice. A lawyer/solicitor/barrister should be consulted for all serious legal matters. No Lawyer-Client / 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 MERCHANTABILITY, 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) THE 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, PROCUREMENT 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 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
LAST WILL AND TESTAMENT
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 Will’).
1. Appointment of Executors
I appoint as executors and trustees of my will [FIRST EXECUTOR] of [INSERT FULL ADDRESS OF FIRST EXECUTOR] and [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 I appoint [INSERT NAME OF SUBSTITUE EXECUTOR] of [INSERT FULL ADDRESS OF SUBSTITUE EXECUTOR] to fill any vacancy
2. Interpretation
I declare that in my Will, the following definitions shall apply:
2.1 ‘my Executors’ shall mean the persons appointed by clause 1 or any other persons who act as my personal representatives.
2.2 ‘my Estate’ shall mean:
(a) all my property of every kind, wherever situate;
(b) all property of every kind, wherever situate, over which I have a general power of appointment; and
(c) the money, investments and property 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, free of inheritance tax:
3.1 my [ ] to my [relationship][name of recipient] of [insert full address of recipient];
3.2 my [ ] to my [relationship][name of recipient] of [insert full address of recipient];and
3.3 my [ ] to my [relationship][name of recipient] of [insert full address of recipient].
4. Pecuniary legacies
I give the following pecuniary legacies free of inheritance tax:
4.1 [amount of money in words] pounds (£[amount of money in numbers]) to my [relationship][name of recipient] of [insert full address of recipient];
4.2 [amount of money in words] pounds (£[amount of money in numbers]) to my [relationship][name of recipient] of [insert full address of recipient]; and
4.3 [amount of money in words] pounds (£[amount of money in numbers]) to my [relationship][name of recipient] of [insert full address of recipient]
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 death in the property known as [insert address of the property] to my [relationship][name of recipient] of [insert full address of recipient];
6. CHARITIES
I give the following charitable legacies:
6.1 to [insert name of charity and registered number if available] of [insert address of charity ] the sum of £[ . ];
6.2 to [insert name of charity and registered number if available] of [insert address of charity ] the sum of £[ . ].
7. Administration of my Estate
My Executors shall hold my Estate upon trust to pay, discharge or provide for my debts, funeral, testamentary and administration 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 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 Estate’) 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 liable 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 for [insert name of recipient entitled to the Residuary Estate] of [insert address] absolutely provided that he/she survives me by thirty days but if he/she shall die in my lifetime or shall not survive me for the period of thirty days or if the foregoing gift fails for any reason then
8.2 Upon trust for such of my child or children as shall survive me and attain the age of 18 years and if more than one in equal shares absolutely PROVIDED THAT if any of my children shall die in my lifetime or after my death but before attaining a vested interest in my Residuary Estate leaving a child or children who shall attain the age of 18 years such child or children shall take by substitution and if more than one in equal shares absolutely the share or interest in my Residuary Estate which such deceased child of mine would have taken had he or she survived me and attained a vested interest under this my Will.
8.3 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 beneficiaries – there can be more than one and they can share the Residuary Estate equally or in whatever fractions you determine] of [insert address of substitute 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 as 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;
9.2 to pay to, or apply for the benefit of, any beneficiary as my 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 beneficiary shall, on becoming absolutely entitled, bring into account any payments received under this sub-clause;
9.3 to exercise the power of appropriation conferred by section 41 of the Administration of 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;
9.4 to invest as freely 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;
9.5 to insure any asset 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 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 for 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 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 who 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 may 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, and the receipt of such person shall be a full discharge to the Trustees
12. GUARDIAN
I appoint [insert name of Guardian] of [insert address of Guardian] and [insert name of Guardian] of [insert address of Guardian] to be the guardian of my minor children after the death of my wife/husband
13. FUNERAL
I wish that my body be [cremated][buried] and the expense thereof shall be a first charge on my Estate
14. WISHES
I express the following wishes:
14.1 I wish [ ]
14.2 I wish [ ]
Testimonium and attestation
Signed by me on 20
Signature of testator ……………………………………….
Signed by the testator in our presence and then by us in the testator’s presence
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Witness 1
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Witness 2
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Signature:
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Full Name:
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Address:
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Occupation:
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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 Executors
I appoint as executors and trustees of my will Mary Sands of 10 The Hawthornes, London E6 8HJ and John Brewer of 13 Arden Road, London N3 9KL but should one or more predecease me or for any reason 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:
2.1 ‘my Executors’ shall mean the persons appointed by clause 1 or any other persons who act as my personal representatives.
2.2 ‘my Estate’ shall mean:
(a) all my property of every kind, wherever situate;
(b) all property of every kind, wherever situate, over which I have a general power of appointment; and
(c) the money, investments and property 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, free of inheritance tax:
3.1 my silver Volvo XC90 with registration KM57 CHN to my brother Robert Graham Jones of 15 High Street, Leeds, LS3 9HJ; and
3.2 my diamond encrusted black onyx signet ring to my best friend Giles Mathers of 29 Redrow Lane, London SW12 8HG.
4. Pecuniary legacies
I give the following pecuniary legacies subject to inheritance tax:
4.1 one thousand pounds (£1000) to my brother in law Jamie Hargreaves of 3 The Downage, London N3 9WS
4.2 two thousand pounds (£2000) to each of my sons, Freddy Sands of 13 Ocean Drive, Florida, USA and Adam Sands of 73 The Mews, London, W12 3SW;
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 death in the property known as Flat 6, Southside, Manchester M4 4DF to my sister Susan Lucy Young of 56 Essex 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 EC2A 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 administration 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 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 Estate’) 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 liable 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 for my wife Mary Sands absolutely provided that she/he survives me by thirty days but if she/he shall die in my lifetime or shall not survive me for the period of thirty days or if the foregoing gift fails for any reason then
8.2 Upon trust for such of my child or children as shall survive me and attain the age of 18 years and if more than one in equal shares absolutely PROVIDED THAT if any of my children shall die in my lifetime or after my death but before attaining a vested interest in my Residuary Estate leaving a child or children who shall attain the age of 18 years such child or children shall take by substitution and if more than one in equal shares absolutely the share or interest in my Residuary Estate which such deceased child of mine would have taken had he or she survived me and attained a vested interest under this my Will
8.3 If no person shall inherit my Residuary Estate or part of it under the preceding gifts I give half of my estate to my brother Robert Graham Jones of 15 High Street, Leeds, LS3 9HJ and the other half to The National Society for the Prevention of Cruelty to Children of Weston House, 42 Curtain Road, London EC2A 3NH with registered number 216401.
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 as 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;
9.2 to pay to, or apply for the benefit of, any beneficiary as my 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 beneficiary shall, on becoming absolutely entitled, bring into account any payments received under this sub-clause;
9.3 to exercise the power of appropriation conferred by section 41 of the Administration of 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;
9.4 to invest as freely 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;
9.5 to insure any asset 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 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 for 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 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 who 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 may 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, and the receipt of such person shall be a full discharge to the Trustees
12. GUARDIAN
I appoint Robert Graham Jones and Hayley Jones of 15 High Street, Leeds, LS3 9HJ to be the guardian of my minor children after the death of my husband/wife
13. FUNERAL
I wish that my body be buried and the expense thereof shall be a first charge on my Estate
14. WISHES
I express the following wishes:
14.1 I wish for Say A Little Prayer For Me by Aretha Franklin to be played at my funeral
14.2 I wish for blue and yellow flowers to be at my funeral service
Testimonium and attestation
Signed by me on 14 October 2008
Signature of testator …Robert Sands…………………………………….
Signed by the testator in our presence and then by us in the testator’s presence
Witness 1
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Witness 2
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Signature: Hayley Green
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David Dunne
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Full Name: Hayley Green
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David Dunne
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Address:12 Hilltop, London, N14 7HG
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30 Moore Road, London, SE2 3RT
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Occupation:Secretary
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Accountant
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Customer Reviews
Average Rating:
Reviews: 7
A M -
Palm Desert,
CA
Excellent; simple access and payment mechanism; very quick response.
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Palm Desert,
CA
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Palm Desert,
CA
Yes, I found it useful to me to get an idea as to how to draft a Will and the other thing is it can be modified to suit individual requirements.Thank you and keep up the good work.
Krishna
J K -
Palm Desert,
CA
Prior to purchasing "Simple Will" I did purchase another will form. I found this to be too open ended and lacking in instructions. FINDLEGALFORMS fulfilled my requirements. You receive a number of different document formats to chose from. I used Word. This was able to be edited and changed to suit personal requirements, without any problems. The generic form included relevant criteria to be covered which I would not have thought of without seeking legal advice. All contingencies were covered. The instructions and checklist were clearly listed without any ambiguities. I now have a sense of security that my estate will be acted upon in accordance with my wishes.