Will and Client Questionnaire
Back to Will Drafting, Tax Planning and Mitigation
Do you wish to be:
(a) Buried?
(b) Cremated?
(c) No preference?
Would you like the partners in this firm to act as your Executors?
The main part of your estate available for distribution is termed in the Will as your "Residuary Estate" - the "Residue". Before you give away the residue you may wish to make gifts of cash or personal belongings to individual named persons. These will be known as beneficiaries.
(a) Cash Gifts - please provide the name and address of the beneficiary and the amount to be given with the age of anyone who is under 18 years.
(b) Gifts of Articles You may leave a gift of articles to be distributed by your Executors in accordance with a note you leave with your Will. No note, no gift. This allows you to change your mind and write a new note to go with your Will without making a new Will. You should however bear in mind that any note left to your Executors is not legally binding and is merely a direction which they will normally follow. You may prefer however to leave the articles specified in writing in your Will.
Do you wish to make a gift or articles to be distributed by your Executors in accordance with a note?
If not, please provide details of the beneficiaries, a full description of the article, to enable it to be identified. (If you sell or replace one of these items, the beneficiary will get nothing - he or she will not be given the substituted item or the cash equivalent).
(c) The Residue This is all that you own except jointly owned property (which will generally pass by survivorship) and the gifts referred to in (a) and (b) above. Please state who is to receive the residue on your death and if there is more than one beneficiary the proportion which they are to receive if this is unequal. You should also consider what is to happen to your estate if the beneficiaries you have detailed die before you and detail who you would wish to benefit. Children are only able to receive an entitlement at 18 years of age. You may however wish them to receive at a later age. Please specify the age that they are to take.
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