WillPack Instruction Form

Last Revision: January 2020 of 24

Will Instruction Form

Partner Name

Single Will Mirror Will

Testator 1 Name

Testator 2 Name

Date Submitted


ESTATE VALUATION Joint Testator 1 Testator 2

Main residence/additional properties

Foreign assets—real estate (please complete Section 13)

Life policies—not written into trust

ISAs (cash)

ISAs (stocks and shares)

Pension and Death in Service benefits

Shares

Unit trusts/investment bonds

Business assets: sole trader/husband and wife partnership

Business assets: partnerships/shareholdings

Bank/Building Society savings

Chattels (items of personal use)

Cars

Other

GROSS TOTAL ESTATE VALUE

LESS liabilities (for estimating IHT only)

Mortgage(s)

Loans (including credit and store cards)

Other

TOTAL LIABILITIES

GROSS TOTAL ESTATE VALUE

LESS TOTAL LIABILITIES

NET VALUE OF ESTATE

Where a former spouse or civil partner of the testator has died without fully using his or her NRB, this unused exemption may still be available after remarriage.

The Testator (T1 or T2) can transfer a maximum of one additional NRB to his or her spouse. To ensure that the unused NRB of the former spouse is not lost, the testator should leave assets up to the value of the unused NRB to beneficiaries other than his or her spouse (or civil partner) or to a discretionary trust.


Section 1—Testator(s) Details Testator 1 (T1) Details

Title Date of Birth

Full Name

Is T1 known by any other name?

Is T1 able to read and sign their Will unaided? If NO see questions 17 and 18 on page 22

T1 Marital Status? Single Married Widowed

Co-habiting Civil Partner Divorced

Testator 2 (T2) Details

Relationship to T1? Spouse Partner Civil Partner

Title Date of Birth

Full Name

Is T2 known by any other name?

Is T2 able to read and sign their Will unaided? If NO see questions 17 and 18 on page 22

T2 Marital Status? Single Married Widowed

Co-habiting Civil Partner Divorced

Testator(s) Address

Address Line 1

Address Line 2

Address Line 3 Post Code

Intention to Marry/Enter a Civil Partnership Would Testators like to have the Wills prepared in expectation of future:

Marriage Civil Partnership


Section 2—Executors Details Would testator(s) like spouse/partner to be first executor? If YES indicate how they act below

Act ALONE (in which case name reserve executor(s) below (max 4))

Act JOINTLY WITH OTHERS in which case name the additional executors below (max 3)

Executor Trustee Reserve

Full Name

Address Line 1

Address Line 2

Post Code Relationship*


Full Name

Address Line 1

Address Line 2



Full Name

Address Line 1

Address Line 2



Full Name

Address Line 1

Address Line 2


* Where possible give relationship to each testator; e.g. T1 brother (B) T2 brother-in-law (BIL).


Section 3—Children Full Name

Date of Birth Gender Child of T1 Child of T2

Full Name


Full Name


Full Name


Full Name


Full Name


Full Name


Full Name


Full Name


Full Name



Section 4—Guardians Name the person or people the testator(s) wish(es) to bring up their child(ren) in the event of their death whilst the child(ren) is/are still minors.

Main Reserve

Full Name

Address Line 1

Address Line 2


Main Reserve

Full Name

Address Line 1

Address Line 2


Main Reserve

Full Name

Address Line 1

Address Line 2


Main Reserve

Full Name

Address Line 1

Address Line 2



If testators wish to include directions to Guardians, please answer question 3 on page 20.


Section 5—Chattels Do the testators wish a suitable clause directing the executors to a Letter of Wishes for chattels?

First Death Second Death

Section 6—Gifts of Personal Items (Specific Legacies) Use this section for personal gifts such as jewellery, granddad’s war medals, etc. For ease of distribution, most specific legacies, such as jewellery and items of personal use are best given on the death of the testator. If the gift is required for use by the survivor, then the gift should be made on SECOND death.

Detail of gift or legacy

Beneficiary Relationship*

From T1 From T2 Second Death Only To Issue Age Condition


















Section 7—Gifts of Money (Pecuniary Legacies) Use this section to make gifts of money to family, friends and charities. As with a specific legacy (Section 6) the gift is usually best given on first death but where the gift is only to be paid ONCE on the death of the survivor then tick the box.

Amount



Amount



Amount



Amount



Amount



Amount



Amount





Section 8—Gifts of Residue Do the testators wish to include any trusts within the will? If YES, complete relevant portion of Section 12—Trusts and then complete below.

Do the testators wish for the residuary estate to go to spouse/partner/civil partner and then to those listed below?

If NO please indicate where residuary estate should be distributed:

Full Name of Beneficiary Relationship Percentage share or Equally?

Age Condition

Then Issue?

to T1 to T2

Complex Age Conditions Some testators may wish that beneficiaries should inherit part of their inheritance at an earlier age and the balance later. If this is required simply state against each age the percentage required.

18 21 25 Other

Percentage? Percentage? Percentage? Percentage?

Note: There are personal tax implications for beneficiaries should the vesting age go beyond age 25. If later than 25 consider the use of a discretionary trust and letter of wishes. See Section 12C.


Default Beneficiaries Sometimes referred to as the ‘total disaster or calamity clause’; the testator needs to consider what would happen in the event of none of the above beneficiaries surviving the testator(s). By naming default beneficiaries, such as family members, nephews, nieces, charities or the church will ensure that intestacy will not occur.

Full Name of Beneficiary Relationship Percentage share or Equally?

Age Condition

Then Issue?

to T1 to T2

Complex Age Conditions Some testators may wish that beneficiaries should inherit part of their inheritance at an earlier age and the balance later. If this is required simply state against each age the percentage required.

18 21 25 Other

Percentage? Percentage? Percentage? Percentage?

Note: There are personal tax implications for beneficiaries should the vesting age go beyond age 25. If later than 25 consider the use of a discretionary trust and letter of wishes. See Section 12C.


Section 9—Exclusions List below the name(s) and relationship(s) of anyone that is being deliberately excluded from the will. The general rule is to name anyone who may be financially dependent on the testator(s) at the time of their death or who may have a legitimate claim on their estate. It is wise to write a letter to the Court giving the reasons and storing it with the will.

Name Relationship*

Reason

Name Relationship*

Reason

Name Relationship*

Reason

Name Relationship*

Reason


Section 10—Gift of an Animal Type of Animal Second Death Only?

Beneficiary* Relationship**

Legacy for upkeep and maintenance? Amount in Words

Special Instructions:

* If a charity please include charity number

** Where possible give relationship to each testator; e.g. T1 brother (B) T2 brother-in-law (BIL).


Section 11—Funeral Wishes and Organ Donation Testator 1 (T1) Funeral Wishes

Does T1 wish to specify any funeral wishes in their will? Cremation Buried

Does T1 have any special funeral wishes such as ashes buried or scattered, where body is to be buried, directions for executors, family and friends, etc?

Organ Donation Yes No No Statement

Are there any organs T1 DOES NOT wish to be used?

Testator 2 (T2) Funeral Wishes

Does T1 wish to specify any funeral wishes in their will? Cremation Buried

Does T1 have any special funeral wishes such as ashes buried or scattered, where body is to be buried, directions for executors, family and friends, etc?

Organ Donation Yes No No Statement

Are there any organs T1 DOES NOT wish to be used?


Section 12—Trusts From the list below select the trust that is required or the one that most closely meets the testators needs and go to the relevant section to complete the information

Trust title and description Section

Protective Property Trust (PPT) Protects the deceased’s share of the family home for the children from the effects of survivor remarrying, care costs and is especially effective where the testator(s) have children from previous relationships and wish them to benefit. Gives spouse or partner a life interest to live and enjoy the property during their lifetime. Not suitable for IHT planning as it is an Interest In Possession (IPDI) trust.

Section 12A

Right to occupy or reside Gives spouse, partner or child(ren) or others, right to live in the testator’s property after death but unlike a life interest (PPT) the rights will end at a specific age, time or event.

Section 12A

There are no tax reasons for the use of discretionary trusts since the introduction of the transferrable nil rate band. A discretionary trust gives flexibility to the trustees and control to the testator as to the final destination of the assets.

Discretionary trust of the NRB Family fund capped at the nil rate band. Created on first death gives flexibility over part of the testator’s estate (the NRB) giving spouse access to income and capital during life repayable on death.

Section 12B

Discretionary trust of residue Can be used to ring fence assets, beneficiaries can be spouse and children or used more effectively where the testator has concerns regarding children, such as spendthrift, drink or drug problems. Can be used to protect assets for disabled beneficiaries, where there is an IHT liability use the full Disabled Persons Discretionary Trust.

Section 12C

Discretionary trust for a Disabled Person Provided set up correctly can be tax efficient as well as providing for the needs of the disabled beneficiary. For beneficiaries who are unable to manage their own affairs by way of mental or physical disability.

Section 12D

Gift on Life Interest Simple but effective trust where testator wants to preserve their assets but provide for spouse/partner. Life interest trust (IPDI) gives life tenant income for life. Can include express provisions for trustees to advance capital and income, on death of life tenant assets pass to named beneficiaries.

Section 12E

Flexible Life Interest Trust (FLIT) Sometimes referred to as the ‘modern will’. Extremely flexible giving trustee’s power to advance income and capital at their discretion. Can take ALL the testators assets, utilises both transferrable nil rate bands and can provide the trustees with the ability to tax plan for the future whilst providing to the surviving spouse and children.

Section 12F

Gift of Business Assets/Business Property Relief (BPR) Trust Referred to as a BPR trust where the testator owns business assets that are eligible for business property relief. Gives spouse a right to income without creating and IPDI whilst utilising the tax benefits available at death and passing the asset to taxable beneficiaries (the children) free of tax. No guarantees as the tax position can change.

Section 12G or

Section 12H


Section 12A—Protective Property Trust/Right to Occupy Address Line 1

Address Line 2

Post Code Title Number

Who owns property?

Who is the Life Tenant?

Spouse/partner Name if not spouse/partner

Do testators wish to create a life interest (Interest in Possession (IIP)) trust in both wills to allow the survivor to remain in the property for the rest of their life?

Include full power to move? Include power to advance capital?

Should the trust only be a Right to Reside or Occupy (RTO) trust?

Should the trust end earlier than death? If so, when?

Remarriage

Co-habitation Stop using property as main residence

Period of time (in years) Age

As TENANTS IN COMMON each owner is free to will (gift) their share and interest in the property over to whoever they wish when the trust ends, usually on the death of the surviving spouse or partner. Use the following section to state how each share is to pass, to whom and in what shares.

From T1

From T2

NOTE: Two Trustees are required for a trust of land.


Section 12B—Discretionary Trust of the NRB Trust beneficiaries to include:

Spouse/partner

Children including grandchildren (issue and remoter issue)

Step children as have been named previously in instruction

Spouse of children or step children

Name any intended beneficiary or group (class) here that is not mentioned in the instruction for above:

Section 12C—Discretionary trust of residue Trust beneficiaries to include:

Spouse/partner






Section 12D—Discretionary trust for a disabled person Trust beneficiaries to include:

Principle beneficiary (disabled person)

NOTE: Other beneficiaries are required

Children including grandchildren (issue and remoter issue) (other than principle beneficiary)




Section 12E—Gift on Life Interest Trust beneficiaries to include:

Who is the Life Tenant?

Spouse/partner Name if not spouse/partner

Income Only Income and Capital

And then down to:


Stepchildren as have been named previously in instruction

Spouse of children or stepchildren



Section 12F—Flexible Life Interest Trust (FLIT) Trust beneficiaries to include:

Life tenant to be spouse/partner

Discretionary/other beneficiaries to be:



Other


Default beneficiaries to be:



Such beneficiaries as are living at the date the trust ends (preferred)

Other



Section 12G—Gift of Business Assets Is the Testator…

A sole trader? Husband and wife partnership?

In partnership with others*? A limited liability company/shareholder*?

* Please provide details of everyone who owns the business/shares

If a sole trader or husband and wife partnership the testator(s) can leave their business assets how and to whom they like. If the testator(s) have a tax liability, then use this section to create a trust to maximise any Business Property Relief that may be available to them. If no tax liability the testator(s) can leave their share in the business as a specific legacy (see section 7) with directions.

Name of Business

Address Line 1


Nature of Business Company No


Reserve Beneficiary Relationship*


Does the testator wish to appoint ‘business executor(s)’ separate to their previously named executors?


Business Executor 1

Full Name

Address Line 1


Business Executor 2

Name of Business

Address Line 1


Include standard powers to manage business?

Are there any life policies in place together with a cross option agreement?

If a partnership/limited company, do the partnership agreements/articles/shareholder agreements allow for disposal? Provide copies if you need assistance.

Section 12H—Business Property Relief Trust Trust beneficiaries to include:

Spouse/partner



Spouse of children or stepchildren


Section 13—Foreign Assets Do the testators have any foreign assets?

If ticked, do the testators have a will abroad to cover these foreign assets?

In which country(ies) do the testators have foreign assets?


Section 14—Further Clarification On the terms of the above instructions, consider if any of the following needs to be clarified with the testator and advised to the will drafter:

1. Does the Testator have a previous Will? If so, request a copy to ensure the previous Will is not Mutual and to see if the terms differing greatly.

2. Will any gift of real or leasehold property be charged with existing debt or is the debt to be repaid from elsewhere?

3. Do the testators wish to give any directions to the guardians of their minor children such as religion, education, directions to guardians to make a will to appoint substitute guardians or other wishes?

4. Discuss the age of vesting for any gifts to minors and raise parental receipts if appropriate.

5. Should S33 Wills Act 1837 be negated?

6. Ensure a copy of the STEP Provisions has been provided to the client(s). Discuss the relevant STEP Provisions and whether these need to be amended.


7. Has the reduction of trustee liability contained in provision 12 of the STEP Provisions been sufficiently explained to testator? Should this be negated?

8. Are any gifts to executors payable if they do not accept the office?

9. Do any trusts require letter of wishes to be prepared? If so complete a Letter of Wishes instruction form.

10. Are the terms as proposed by the testator compatible with the actual ownership and devolution of the assets, or do you need to discuss severance of any joint ownership? Do any joint assets need to be severed? If so, how will this be achieved?

11. If the terms proposed by the testator permit any significant risk of an I(PFD)A claim, record in a separate note full and accurate details of the advice that has been given and the testators decision (including the reasons for rejecting any advice you have given).

12. Is tax planning advice appropriate? If tax planning is to be given, have terms and timescales been agreed?


13. Should a survivorship clause/period be included? If the clients are married/civil partners, advise them of the potential IHT implications of this.

14. In the case of an elderly, vulnerable or sick client is tax planning likely to delay the preparation of the final Will? If YES, consider a temporary will using a discretionary trust or FLIT as a safety net.

15. Do the testators have LPAs or Advance Decisions?

16. In the case of a Trust Company being appointed as executor, has a copy of the standard terms and conditions of business been given to the testator?

17. Is a testator able to read the will? If not, please detail why for example if the testator is blind, illiterate or unable to understand English. If the testator is unable to understand English, a person who understands the testator’s native language and English will need to act as a witness and translate the will for them. Please provide the native language and the name and address of the translator.

18. Is a testator able to sign the will? If not, please detail the reasons. Are they able to make a mark instead of a signature? If not, a person will need to sign the will on the testator’s behalf. Please provide their name.


Appendix—Interview Information Date, time and place of interview

Were any other persons (other than spouse/partner) present? If YES, detail name(s) and reason.

Is the client already known to you?

If NO, is the client satisfactorily identified by other means? Note details of identity check.

Are there any factors know which make the preparation of the will(s) urgent (age, health, etc.)?

Observation on the testator’s mental capacity.

Note: details concerning specific issues or tests may require a separate attendance note.

Testator 1

Testator 2

Other comments concerning the testator(s) which may assist the drafting of the documents.

Continue on a separate sheet if necessary.


Additional Notes IMPORTANT: Use this section to list or note any further information which may be relevant to the drawing up of the will(s). Also detail any advice you have given but which has been rejected by the client and if possible give the reason for the rejection. This information may be used to defend any future claim brought against you or the company for negligence. MAKE SURE THE CLIENT SIGNS YOUR NOTES

First Client’s Signature Second Client’s Signature Consultant’s Signature

Declaration to be signed by the Testator(s) I/we confirm that I/we are over the age of eighteen years and are of sound mind. The information given on this form and to the consultant is correct and is to be used as the basis for preparing my/our Last Will and Testament (my/our will). In addition to appointments, legacies and distribution of residue I/we agree to the executors and trustees named in my/our Will having normal powers to aid administration of my/our estate(s).I/we know of no other trusts or constraints which would prevent my/our estate being distributed as I/we have requested.

First Testator’s Signature Second Testator’s Signature Date

WillPack Instruction Form

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