Current Issues in Will Drafting


This webinar looks at a number of reasonably common problems in relation to will drafting. It does not, save for one limited point, consider the particular problems posed by the new IHT residence nil rate band as that requires a webinar to itself.

It considers:-

  • The extent to which there are still tax reasons for using nil rate band legacies and how they should be drafted to avoid confusion over transferable nil rate band and the residence nil rate band
  • How to structure wills for business clients
  • The impact of the EU Succession Regulation, advice for EU Notaries and whether it is permissible to have more than one will
  • Drafting to avoid CGT problems in relation to appointments from discretionary trusts within two years of death

Learning objectives

After participating in this webinar you will be able to:

  • Recognise circumstances in which it is helpful to use a nil rate band legacy
  • Draft a nil rate band legacy clearly
  • Structure a will for a client with a business in the most tax efficient way, avoiding problems with IHTA 1984, s39A
  • Draft a will appropriately for a client with property in an EU state which has accepted the EU Succession Regulation
  • Draft a will containing a discretionary trust to avoid CGT problems where an appointment out is made within 2 years of death



Professor Lesley King of the University of Law is co-author of Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administration and Estate Planning (with Precedents);  A Practitioner’s Guide to Wills; Wills: A Practical Guide and editor of The Probate Practitioner’s Handbook. She is the wills and probate columnist for the Law Society Gazette, and writes and lectures extensively on wills, taxation and related matters.

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