A Family Will

Page 261

Appendix 1

A Family Will

This is an example of a will of a married man which, after giving some legacies, provides for everything to go to his wife if she survives for 28 days but, if not, it benefits such of his children as reach the age of 25. The will includes appropriate substitution and administrative provisions.

Following the will is a commentary on each clause, which aims at explaining its effect, as well as serving as an introduction to some of the terminology used elsewhere in this text.

Page 262

262 Wills: A Practical Guide

WILL OF JAMES MATTHEW APPLEBY

1. Identification and revocation

I, James Matthew Appleby of ‘Black Gate’, 12 Hoole Road, Westbridge, Hampshire WA8 1BJ revoke all former wills and declare this to be my last will (‘my Will’).

2. Appointment of executors and trustees

2.1 I appoint as my Executors and Trustees my wife Jane Appleby and my solicitor Peter Andrews of Montague & Co, Abbey Chambers, Westbridge, Hampshire WA1 3ES.

2.2 In my Will the expression ‘my Trustees’ means my Executors and the Trustees of my Will and of any trust arising under it.

2.3 Any of my Trustees who is engaged in a profession may charge fees for work done by them or their firm (whether or not the work is of a professional nature) on the same basis as if they were not one of my Trustees but employed to carry out the work on their behalf.

3. Appointment of guardians

If my wife dies before me, I appoint my sister Charlotte Riddell and her husband Andrew John Riddell, both of 27 The Old Green, Monks Heath, Hampshire WA6 3NM as guardians of any of my children who are under the age of eighteen.

4. Specific gifts

4.1 I give to my sister’s husband, Andrew John Riddell, the car which I own at my death.

4.2 I give to my brother, Henry Appleby, my collection of antique clocks.

5. Pecuniary gift

I give one thousand pounds (£1,000) to the Westbridge Animal Refuge, registered charity number 6479035, for its general charitable purposes and declare that the receipt of the person appearing to be its treasurer or other proper officer shall be a sufficient discharge to my Trustees.

6. Gift of residue

Subject to the above gifts and to payment of my debts, funeral and testamentary expenses, I give all my estate to my wife Jane Appleby absolutely.

7. Substitutional gifts of residue

7.1 If my wife does not survive me or if this gift fails for any reason, I give all my estate subject to the gifts in clauses 4 and 5 above to my Trustees on trust to pay my debts, funeral and testamentary expenses.

Page 263

7.2 Subject to clause 7.1 above, my Trustees shall divide my estate equally between my daughters, Charlene and Esme, provided they attain the age of 25.

7.3 If either of my daughters dies before attaining a vested interest leaving children, whether living at my death or born after, such children shall take (equally if more than one) the share of my estate which their mother would have taken had she survived me to attain a vested interest.

7.4 If the trusts of one half of my estate fail, that half is to be added to the other half.

8. Declarations

8.1 Survivorship

Any beneficiary who is not proved to have survived me by twenty-eight days shall be treated as having died before me.

8.2 Charity ceasing to exist

...