Prep Questions - Wills

Identification and Money Laundering

1. Name, address, email and telephone number of client

2. Name, address and date of death of deceased

3. Photo ID and evidence of address

A Person Who wants to Make a Will (s9 Requirements)

1. Over 18?

2. Soldier or sailor?

3. Capacity?

4. Knowledge and Approval?

5. Know what a will is?

6. Blind or illiterate?

7. Moral claim on the estate?

8. Health issues?

9. Undue influence?

10. Sufficient intention?

A Person wants to make a will (Personal Details)

1. Married?

2. Planning to get married?

3. Planning to get divorced?

4. Are they already the beneficiary of a trust?

5. Are you owed money or do you owe money?

A person wants to make a will (Assets and Terms)

1. What assets do you have?

2. Do you have assets which fall outside of the will? Joint assets? Life interest? Policies written in trust?

3. Do any joint tenancies need to be changed to tenants in common?

4. Who should be an executor?

5. Need any trustees or trusts?

6. Who are the beneficiaries and what are their entitlements?

7. What if a beneficiary predeceases?

8. What are your funeral wishes?

9. Do you need to appoint any guardians?

10. Who inherits in case of disaster?

Probate Procedure

1. What is a grant of representation?

2. How is it obtained?

3. Who can apply?

4. Is a limited grant required?

5. Does the chain of representation apply?

6. What actions can be taken prior to issue of grant?

7. What information is needed?

Executor (Basic Requirements)

1. Who is the executor?

2. Intermeddled?

3. Any executor died?

4. Capacity? Minor?

5. Divorced from deceased?

6. Duties?

7. Payment or expenses?

8. Renunciation or Reservation?

Executor (Questions on Administration)

1. Who/ where are the beneficiaries?

2. s27 advert required?

3. Benjamin order required?

4. Is there a trust?

5. Beneficiary predeceased?

6. Risk of IPFDA claim?

7. Mistakes made during administration?

8. Advancement to minors?

Existence of a Will (s9 Requirements)

1. Is there a will?

2. Is it valid?

3. Is it the last will?

4. Revocation of previous wills?

5. Attested?

6. Valid codicils?

7. In what circumstances was the will signed?

8. Are amendments valid?

9. Damaged or lost?

Existence of a will (supplementary concerns)

1. Are there missing words?

2. Are there joint gifts?

3. Is there any deed of variation?

4. Additional writing on the will?

5. Was a witness also a beneficiary?

6. Was the will made in contemplation of marriage?

7. Divorced or remarried since will?

8. Beneficiary kill the testator?

Assets (Existence and Valuation)

1. What assets are there in the estate?

2. What assets fall outside the will?

3. Are there liabilities?

4. How are assets or liabilities valued?

5. Who are assets held? Jointly?

Assets (Distribution)

1. Is the estate solvent?

2. Is a particular asset capable of increase/ decrease?

3. What expenses need to be paid?

4. How are assets sold to pay liabilities?

5. How are assets collected?

6. Who pays for cost of transfers?

7. Who is entitled to income from the date of death?

Deceased’s Details

1. Who is the deceased?

2. Occupation and age?

3. Alias?

4. Death certificate?

5. When did they die?

6. Married or divorced since making the will?

Intestacy (Spouse and Children)

1. Spouse?

2. Spouse survived 28 days?

3. Family home?

4. Personal chattels?

5. Total value?

6. Children?

Intestacy (Other considerations)

1. Full or partial intestacy?

2. Who is entitled?

3. Any statutory trusts?

4. Who is entitled to take out grant of letters of administration (with will?)?

5. Does anyone need to be cleared off?

6. Number of Personal Representatives needed

7. What if there are no family members?

Beneficiary (Individual)

1. Executor acting?

2. Ademption?

3. Predeceased testator?

4. Simultaneous death of two or more beneficiaries?

5. Mentioned by description or name?

6. Gift conditional?

Beneficiary (Procedural)

1. Can you trace all beneficiaries?

2. Gifts to classes of beneficiaries?

3. General gifts?

4. Demonstrative gifts?

5. Deeds of variation?

IHT (Details)

1. Where was deceased domiciled?

2. Lifetime gifts in last 7 years?

3. Nil-rate band?

4. Residential nil-rate band?

5. Transferable nil-rate band?

6. Exemptions?

7. GROBs?

8. Assets outside of IHT

IHT (Procedure)

1. When is IHT due?

2. Pay in instalments?

3. What rate of IHT applies?

4. How much IHT is owed?

5. Who is responsible for paying IHT?

6. What happens if the assets fall in value?

7. What if new assets are discovered?

8. What about interest?

Income Tax and Capital Gains Tax

1. PRs’ liability for Income and Capital Gains

2. Beneficiaries’ liability for Capital Gains

Contesting a will (Procedural)

1. What is the grounds for contest (validity, capacity, undue influence)?

2. IPDFA Claims?

3. How long ago was the grant issued? Was the application prompt?

4. Did the Court bar any claim?

Contesting a Will (IPFDA Claims)

1. Where was the deceased domiciled?

2. How large is the estate?

3. Age?

4. Financial position of beneficiaries now and in the future?

5. Financial position of claimant now and in the future?

6. Moral obligations of deceased?

7. Length of marriage if applicable?

8. Length of cohabitation if applicable?

9. Education or training requirements?

10. Health issues?

11. Your own contribution?

Professional Conduct

1. Conflict of Interests

2. Take instructions from all executors

3. Confidentiality

4. Gifts in a will to the solicitor

5. Seeing clients alone

6. Independent enough to take instructions?