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UK/US Wills
Is the English Last Will and Testament worded any differently to the American version.
Is so, how so?
Is so, how so?
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http://www.makeyourwill.com/us/example_b.pdf
is a sample of an American will. Doesn't look a lot different
Any help?
is a sample of an American will. Doesn't look a lot different
Any help?
I used to draft wills for a living. Looking at the example provided by Dzug, I'd leave out the 'being of sound mind' bit, as well as the part about not acting 'under any undue influence, duress or menace'. (They're both pointless because they don't prevent challenges to the will on the grounds that the testator was as nutty as a fruit cake, or that he had a gun held to his head while signing it).
The revocation of previous will or codicils is standard (even if the testator has never actually made a previous will).
The appointment of executors is standard (although I would like to have seen something about what should happen if one, or both, decline to act or are unable to do so).
The two sentences commencing 'My executor' are completely unnecessary in English law.
While it's not uncommon for English wills to include a phrase appointing a guardian for minor children, the validity of any such wording is always subject to challenge under the provisions of the Children Act.
Anything in a will about funeral arrangements is not (in England) binding upon the person who makes such arrangements. ("He who pays the piper, calls the tune" is the policy. A relative, or even a complete stranger, is free to arrange someone's funeral according to their own wishes, not those of the deceased person). However a wording such as "I wish to be buried" is still commonly included in a will.
In accordance with my preceding paragraph, the words 'Without imposing any legal obligations' are totally meaningless in England.
The rest of the wording is fairly standard.
Chris
The revocation of previous will or codicils is standard (even if the testator has never actually made a previous will).
The appointment of executors is standard (although I would like to have seen something about what should happen if one, or both, decline to act or are unable to do so).
The two sentences commencing 'My executor' are completely unnecessary in English law.
While it's not uncommon for English wills to include a phrase appointing a guardian for minor children, the validity of any such wording is always subject to challenge under the provisions of the Children Act.
Anything in a will about funeral arrangements is not (in England) binding upon the person who makes such arrangements. ("He who pays the piper, calls the tune" is the policy. A relative, or even a complete stranger, is free to arrange someone's funeral according to their own wishes, not those of the deceased person). However a wording such as "I wish to be buried" is still commonly included in a will.
In accordance with my preceding paragraph, the words 'Without imposing any legal obligations' are totally meaningless in England.
The rest of the wording is fairly standard.
Chris
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