Lesley King – författare

This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style.It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator’s capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on. There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas. These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court’s decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required.The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems.There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists.'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.

Revised and fully updated, the fifth edition of A Practitioner’s Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. Among matters considered in the fifth edition are:• What are the requirements for the virtual witnessing of wills executed during the Covid-19 pandemic?• What can be done to help prevent a successful challenge to a will if the testator’s capacity or intention might be an issue?•To what extent can the terms of a will give rise to a need to register a trust with HMRC?• What are the pitfalls if creating a will trust where it is hoped to claim the inheritance tax residential nil rate allowance?• Do nil rate band discretionary trusts still have a purpose in estate planning?• How does the court now deal with disputes over the interpretation of wills in light of Marley v Rawlings and family provision claims after Ilott v Blue Cross?The book also contains an extensive range of specimen clauses and model wills are set out in a separate appendix. All precedent material in the book is included on the accompanying CD-ROM.

This book provides invaluable help to those advising clients about the opportunities, implications and pitfalls of varying the disposition of estates using variations and disclaimers. Altered personal circumstances or legislative changes, often mean that the way in which property has been left on death is unsatisfactory and can be improved.Inheritance tax, capital gains tax, income tax, stamp duty, trusts and their implications are fully considered. The book explains the alternative provisions available (IHTA 1984, s.142, s.143 and s.144); the requirements and formalities; what can be achieved by each section of the Act and what could cause potential problems.The second edition has been fully updated to include:*The Trust Register and the treatment of trusts created by variation*The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2021 and the Charities Act 2022*Latest case law*Changes to the CGT manual*A new chapter on rectification of defective wills*A full suite of precedents for deeds of variation and related issues.