12 Top Tips for Will Makers

By April 28, 2016No Comments

12 Top Tips for Will Makers

Sheena Grattan BL, TEP

  1. Clarify your retainer (particularly with reference to tax and “nonessential” advice).
  2. Take the appropriate steps to ensure that the testator has testamentary capacity and is not subject to undue influence.
  3. Do not use wide exemption clauses to protect executors and trustees, especially professionals!
  4. Make sure that you give effect to the Testator’s intentions.
  5. Purport to give only what the Testator has the right to give!
  6. Pre-empt and seek to minimise the risk of future Family Provision and Proprietary Estoppel claims.
  7. Is the gift to charity to be general, specific or residual?
  8. Watch grossing up involving partially exempt residue.
  9. Is the 10% charity band to be utilised?
  10. Take particular care with the drafting of Nil Rate Band Legacies.
  11. Name the charity correctly.
  12. Charge sufficiently realistically to cover the work involved and the potential liability.

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