Introduction

Life as we enter the 21st century is very different to that of just 30 years ago. Marriage tends to happen later in life and is often preceded by de facto relationships. Second and third marriages or de facto relationships are becoming increasingly more common. The use of s 21 Agreements under the Property (Relationships) Act 1976 (PRA) and family trusts are more prevalent, with the recent change to the gifting rules meaning many individuals may have very little personal property by the time they die. In addition, the population is rapidly ageing and immigration is changing the nature of the traditional client base.

All these factors and the implications they raise must be considered when advising clients on their wills. This paper is concerned with issues relating to advice on and the drafting of wills and how we, as lawyers deal with our clients.