Incorporating Documents into a Will Flashcards
How can an unexecuted document be incorporated into a will?
By reference in the will, meeting specific criteria: existence at execution, reference as existing, clear identification.
What are the three criteria for incorporating an unexecuted document into a will?
1) Must exist at execution
2) Referred to in will
3) Clearly identified
Effect of incorporating unexecuted document?
Document becomes legally part of will despite not complying with s9 Wills Act 1837.
Does incorporated unexecuted document remain private?
No, becomes public when admitted to probate along with will.
Why should incorporation of detailed personal schedules generally be avoided?
Risk of failing criteria, loss of document, and unwanted public disclosure.
What are STEP provisions?
Nationally recognised administrative powers by Society of Trust and Estate Practitioners for personal representatives and trustees.
Benefit of incorporating STEP provisions by reference?
Avoids drafting lengthy administrative clauses individually within the will or trust deed.
How are STEP provisions typically incorporated into wills?
By reference, stating clearly they apply, without copying provisions in full.
Are letters of wishes legally binding?
No, they are guidance for trustees only.
Purpose of a Letter of Wishes?
To express testator’s intentions and guide trustees in managing trust powers.
