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