Member talk: will-related queries

This series of bitesize videos, exclusive to Private Client Solicitors Section members, is delivered by experts to support you in giving the best possible legal advice to your clients.

Unusual clauses

Understand the difference between a mirror and a mutual will, as well as the pros and cons of both.

Our speakers discuss the best way to protect beneficiaries without having to use mutual wills and share examples of annuities in wills.

They also explore examples of unusual clauses in wills that have come across their desk and share their top tips for dealing with these.

Speakers include:

• Charlotte Crawford, solicitor, director and head of private client at Hugh Jones Solicitors and Private Client Solicitors Section advisory committee member
• Christine Thornley, partner at Irwin Mitchell in the tax, trusts and estate team

Who’s who and what’s what?

When writing a Will both beneficiaries and executors may be described rather than named – by the time the testator dies these descriptions may no longer be correct so when administering the estate you understand which date is correct, the date of the Will or the date of death?

Our speakers discuss class gifts generally, definitions of children and adopted children, and how to describe people to avoid issues regarding gender and pronouns.

They also explore specific assets and what happens if an asset has changed at the point of death i.e property and bank accounts.

Speakers include:

• Fiona Heald, Senior Lawyer, Court of Protection at Giles Wilson Solicitors
• Adam Draper, Partner and Head of the National Team at Rothley Law

Practical Scenerios - What to do?

Explore practical scenarios and best practice, when dealing with signing of wills and administering the will.

Our speakers will take you through common queries and issues that arise when it comes to signing the will, proving the will and amendments to the will. Key considerations that are discussed include:

• What happens if the witnesses don’t sign the will?
• How do you obtain a grant of probate for a Will if the original has been lost?
• What if there is a paperclip mark on the will?
• What if the Will is a bundle of papers not attached together?
• If a Will has handwritten amendments, are these valid?
• What happens if a client has a life interest trust in their Will, but fails to sever the tenancy?

Speakers include:

• Chris Claxton-Shirely, Senior Associate in the Private Client department at Tees and Private Client Solicitors Advisory Committee Member
• Peter Stagg, Partner at HK Law

These videos were recorded on the following dates:

• 30 January 2025: Unusual clauses
• 21 February 2025: Who’s who and what’s what
• 6 March 2025: Pratical Scenarios - What to do?