WILLS DRAFTING PROBLEMS

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A number of recent cases have illustrated the awful problems that result when drafting goes wrong. Good will drafting should be easy for the client to understand but, even more importantly, it should create a document that carries out the client’s wishes without ambiguity and uncertainty. This session looks at common problems and how to avoid them. In particular it will look at:

• Problems with instructions
  • Documentation and cross-checking
• Use of definitions
• Do you need a governing law clause?
• Flexible life interests:
  • Benefits
  • Drafting issues
  • Pitfalls
• Options to purchase and conditional gifts:
  • When are they useful?
  • What are the traps?
• RNRB issues
  • Do you need to worry when drafting?

Professor Lesley King, Professional Development Consultant, University of Law