This book is only available in PDF format

Authors: Kim James, James Pullar
Published: 14 August 2024
Pages: 19

Introduction

Wills are widely undervalued by the public and legal profession. Many people consider a will to be a simple document. As a result, instructions for wills are routinely completed swiftly from basic template precedents and are charged for accordingly. Some law firms choose to prepare wills for clients free of charge. However, there are an array of ways in which bad drafting and lack of consideration as to the consequences of the arrangements being documented can cause complicated (and costly) issues upon the death of the will maker.

In this context, will makers often have a family trust to consider, in addition to the assets in their personal name. Careful attention needs to be paid to the nexus between the terms of the trust deed and the terms of the will. In addition, the more general interplay with trust law often informs how issues arising in estate administration may be resolved.

Likewise, the legislative and equitable foundations for claims against estates must be borne in mind when preparing a will as they can have significant ramifications on the administration of an estate.

Increasingly, we are dealing with complicated blended families and the dynamics that come into play there. There are more and more matters for drafters of wills to take into account, but the documents continue to be under-valued by clients and lawyers alike.

Content outline

• Common issues with drafting of wills
• Fiduciary obligations - the next chapter