Will Drafting

Civil partners and s. 117 claims

You might recall last week that I mentioned that s. 117 applications cannot succeed where a spouse inherits, because spousal bequests are exempt from challenge…

Restriction on s.117 claims

Just a quick note. You will often have to advise a testator that they owe a moral duty to their children. So how does that…

Errors with homemade wills

 You might often have had to help clients sign wills at home by giving them direction and letting them have samples. Particularly during Covid, when…

Section 117 and stepchildren

Just a quick one to recall. I was acting for a female spouse of a marriage. The man of the relationship was previously married but…

Does a will witness need to be over 18?

Now that school is over, your thoughts are turning to summer holidays and ways of occupying the munchkins. While there are many useful occupations for…

Wills and witnesses

We all know that a witness to a will cannot receive a benefit under a will (s. 82 SA 65). Such a situation does not…

Handwritten changes to printed wills

If you are a regular will practitioner, you will often be called to make wills at a person’s home or in hospital. You will generally…

Practical Issues on Cremation

This weeks burning topic is that of cremation. Just a practical point rather than a legal one. If you are acting for someone who has…

Expiry of Civil Partnerships

Civil partnerships arose for same sex couples under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. Civil partners have broadly similar…

Will witnessing by solicitors

Like getting an unexpected fees windfall, finishing that tricky file or getting a new instruction, no month would be complete without the gazette! In fairness,…