Will Drafting - Incorporating Documents Flashcards
What is the general rule for the structure of a valid will?
The provisions of a will should normally be contained in one properly executed document complying with s.9 Wills Act
How are changes or additions to a will typically made?
By codicil or by executing a new will that revokes the previous one.
Can an unexecuted document be incorporated into a will?
Yes, provided certain criteria are met.
What are the three criteria for validly incorporating an unexecuted document into a will?
a) The document must exist when the will is executed (or at the date of a later codicil).
b) The will must refer to the document as existing at the time of execution.
c) The document must be clearly identified in the will.
What are STEP provisions? Can they be incorporated by reference into a will?
A recognised set of administrative powers for personal representatives and trustees. Yes. A clause stating “The standard and all special provisions of STEP (2nd Edition) shall apply” is sufficient.
What is a letter of wishes?
A non-binding document created by the testator to guide trustees on how to exercise discretionary powers under a trust.
Are letters of wishes incorporated into the will?
No. There is no intention for these to form part of the will or be legally binding.
What is the legal status of letters of wishes?
They are informal and advisory—trustees may consider them but are not legally obliged to follow them.
