Legal Drafting (Wills)

Question 1

If someone has two names, where should they be included when drafting a will?

Answer 1

It is important that we refer to both names the client uses so that she is idenfied correctly in three locations:

(a) Front Cover

“WILL of
AISLING PETROV
(also known as AISLING DOYLE)”

(b) **Opening clause **

“I am AISLING PETROV, also known as AISLING DOYLE of…”

(c) Signature Section

” Signed by AISLING PETROV, also known as ……………………………… AISLING DOYLE in the presence of both of
us and then by us in her presence”

Question 2

How to identify a person when they are mentioned the first time in a will?

Answer 2

When a person is referred to in the first instance, identify them with a surname and preferably an address.

For example…

“References in this will to my husband must be read as references to ALEXANDER PETROV of 12 Cathedral Crescent, Winchester, Hampshire SO22 4RD.”

Question 3

How should a guarddianship clause be written in a will?

Answer 3

The guardianship clause should be expressed to only take effect afer both parents have died.

For example…

“If the father of my daughters CLODAGH DOYLE and AOIFE DOYLE dies before me I appoint my husband as the guardian of any of my said daughters who are under 18 at my death.”

Question 4

If the wish of a specific item (e.g. house) is the same as the residuary gift, how should it be drafted?

Answer 4

If the client’s wishes are the same as her wishes with respect to the residuary estate, it is simplest to** state that the provision later in the Will dealing with the distribution of the residuary estate will also apply** when a condition is satisfied - for example, upon the death of the life tenant..

An example: “Subject to Clause 6.3 and Clause 6.4, my Trustees must hold the Property Fund on the trusts that apply to the Trust Fund”