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Index to Drafting Wills in Scotland, 2nd Edition

Resource type: Chapter

Status: Published on 01-Feb-2009

Jurisdiction: Scotland

This is the index to the Bloomsbury Professional book Drafting Wills in Scotland, 2nd Edition. Chapter 3 and the table of contents are also available free of charge as a sample of the book's contents.

Alan Barr, Andrew Dalgleish, Hugh Stevens and John Biggar

INDEX

Abatement
displacement of general principles, 4.8
government duties and expenses, 4.9
meaning, 4.7
preferential legacies, 4.12
specific legacies, 4.10
variation between types of legacy, 4.11
Accretion
division of legacies equally between beneficiaries, 5.6
general principles, 5.3
severance, 5.4
Accumulation and maintenance trusts, 6.57–6.59, 6.90, 6.103, 6.118
Accumulations
short form children's trust (potential trust for bereaved minor), 6.87–6.88
trust for children at 25 (potential age 18-to-25 trust)
accumulation of income, 6.74–6.77
prohibited accumulations, 6.78
young persons' trust
accumulation of income, 6.93
prohibited accumulations, 6.94
Ademption
bank accounts, 4.119
drafting guidelines, 4.16
general principles, 4.15
houses, 4.76
permissible replacements, 4.17
shares, 4.102–4.103, 4.120
yachts and boats, 4.66
Adopted children
capacity for child to consent, 6.122
meaning and scope, 6.42–6.45
Aide memoire
use of, 9.2, 9.8, 9.36
Age
capacity to make will, 2.2
executors and trustees, 3.13
Age 18-to-25 trust
conversion to, 6.112, 1.115–6.118
drafting guidelines, 6.69–6.86
generally, 6.61, 6.68, 6.69
taxation, 6.61, 6.63–6.64, 6.68
Agents, 7.27
Agricultural property
business assets, 4.90–4.93
crofts, 4.88
farms
in hand, 4.82–4.84
tenancies, 4.85–4.86
Alimentary liferent trusts, 5.64
Alterations.
(see Corrections and alterations)
Animals,
generally, 6.172
practical problems, 4.68–4.70
subject matter of bequests, 4.67
Annexations
formal requirements, 2.53
signature of testator, 2.36
Annuities
commencement, 4.130
commercial providers, 4.134
commutation, 4.133
drafting guidelines, 4.135
funding, 4.131
general principles, 4.129
insufficient income produced, 4.132
Applicable law
change of proper law by trustees, 7.30–7.31
conflict of laws, 2.69
domicile
deemed domicile, 2.68
general rule, 2.65
proof, 2.67
types of domicile, 2.66
reform proposals
EU harmonisation, 2.89–2.90
Hague Convention, 2.88
Appointments
A & M trusts to age 18-to-25 trusts, 6.118
creation of age 18-to-25 trusts, 6.112–6.113
deed of appointment, 5.119–5.120
of executors and trustees
acceptance of office, 3.18
appointments sine quo non, 3.28
assumption of new trustees, 3.22
change by codicil, 8.4
conditional appointments, 3.27
conveyances to, 3.17
corporate appointments, 3.14
executors and trustees distinguished, 3.10
general principles, 3.12
general requirements of executors, 3.11
limited appointments, 3.29
majority decision-making and quorums, 3.19–3.20
number, 3.16
partial appointments, 3.30
remuneration, 3.24
requirement for capacity, 3.13
resignation, 3.23
solicitors, 3.15
specific assets or funds, 4.138
substitute provisions, 3.26
survivorship implied, 3.21
trustees' powers, 3.25
guardians
acting jointly with surviving parent, 6.133
different guardians by each parent, 6.132
effective only on death of both parents, 6.134
same guardians by both parents, 6.131
by single parent, 6.135
statutory provisions, 6.128
powers of appointment
destinations-over, 5.60
exercise by executor's will, 5.61
general treatment, 2.17
international aspects, 2.75
meaning and scope, 5.59
young persons' trusts to age 18-to-25 trusts, 6.116–6.117
Bank accounts, 4.119
Bankruptcy
alimentary liferents, 5.64
no bar on acting as executors and trustees, 3.13
Bare trusts
payment after 16, 6.56–6.57
payment at 16, 6.50–6.51
relevant considerations, 6.110–6.114
tax planning, 6.52–6.55
Beneficiaries
accretion
general principles, 5.3
severance, 5.4
animals, 6.172
conditional legacies
attainment of particular age, 5.42
certain and uncertain events distinguished, 5.38
conditions not obvious, 5.40
employment, 5.47
events pending vesting, 5.43
full purpose for resolutive conditions, 5.44
general principles, 5.37
ineffective conditions, 5.49–5.51
marriage, 5.45
residence, 5.46
substitute legatees, 5.48
survivorship, 5.41
suspensive and resolutive provisions distinguished, 5.39
destinations-over
division of legacies equally between beneficiaries, 5.5
general presumptions, 5.27
legacies of legal rights, 4.43
meaning and scope, 5.26
division of legacies
accretion, 5.6
complex alternatives, 5.7
per capita division, 5.8–5.14
per stirpes division, 5.8–5.14
presumption of equal shares with destination-over, 5.5
duty of care owed by lawyers, 2.33
forfeiture
effect on other beneficiaries, 5.57
equitable compensation, 5.58
meaning and scope, 5.56
lacking capacity
adults, 6.152
children, 6.151
disabled beneficiaries, 6.153, 6.156
discretionary trusts, 6.155
liferent trusts, 6.154
multiple beneficiaries, 5.2–5.27
non-family members
animals, 6.172
business associates, 6.164
charities, 6.165–6.170
employees, 6.159–6.162
executors and trustees, 6.173
friends and acquaintances, 6.158
office holders, 6.163
other institutions and legal entities, 6.171
solicitors, 6.174–6.181
precatory legacies
alternative to discretionary trust, 5.53
meaning and scope, 5.52
reasons for will, 1.9
renunciation of rights
applicability, 5.23
effects, 5.19
income tax, 5.25
inheritance tax, 5.24
restrictions on particular legacy, 5.21
whole or part rights, 5.22
repugnancy
meaning and scope, 5.54
qualified rights, 5.55
survivorship
commorientes clauses, 5.16–5.18
general principles, 5.15
inheritance tax, 5.19
taking instructions, 9.12
vesting
meaning, 5.28
postponed vesting, 5.31
preliminary points, 5.29
subject to defeasance, 5.32–5.36
time of payment, 5.30
Bequests.
(see Legacies; Residue)
Bereaved minor
generally, 6.60
taxation, 6.60, 6.63–6.64, 6.68,
trust
choice of, 6.110–6.114
conversion to, 6.112, 6.117
drafting guidelines, 6.87–6.89
Bets, 4.128
Blind persons, 2.56
Blood relatives, 6.13
Boats, 4.66
Borrow, power to, 7.13
Brothers
meaning, 6.16
Building society accounts, 4.119
Buildings.
(see Heritable property; Houses; Land and buildings)
Burdens
general, 2.28
houses, 4.76
legacies subject to debts, 4.26–4.27
Business assets
agricultural property, 4.90–4.93
general principles, 2.23, 4.96–4.98
legacies to business associates, 6.164
partnership interests, 4.99–4.101
private company shares, 4.102–4.105
problem solving, 9.25–9.26
trustees' powers, 7.11
Capacity
children
as beneficiaries, 6.47–6.48
persons aged 16 and 17, 6.123
persons under 16, 6.121
prejudicial transactions, 6.124
provision for beneficiaries lacking capacity, 6.151
special exceptions, 6.122
statutory provisions, 6.120
codicils, 8.10
executors and trustees, 3.13
facility and circumvention, 2.4, 2.6, 2.8, 2.9–2.10
fraud, 2.4
'full age', 2.2
guardians, 6.127
international aspects, 2.70
proof, 2.11
protection of legal advisers, 2.12
provision for beneficiaries lacking capacity
adults, 6.152
children, 6.151
disabled beneficiaries, 6.153, 6.156
discretionary trusts, 6.155
liferent trusts, 6.154
sound mind, 2.3
taking instructions, 9.10
testator domiciled abroad, 2.83
testator incapable of signing
attorneys, 2.55
notarial execution, 2.56–2.59
total lack of capacity, 2.54
undue influence, 2.4–2.5, 2.7–2.8, 2.9
Capital
discretionary trusts, 5.93
liferent trusts, 5.81–5.83
nil rate band discretionary trust, 5.116–5.118
short form children's trust (potential trust for bereaved minor), 6.87–6.88
trust at 25 (potential age 18-to-25 trusts)
advances of income and capital, 6.80–6.84
capital payments, 6.79
trustees' powers
additions to fund, 7.17
allocation of capital and income, 7.18–7.19
appropriation, 7.20–7.21
settlement, 7.22
young persons' trust
advances of income and capital, 6.96–6.97
capital payments, 6.96–6.97
young persons' trusts (possible additional class members), 6.107
Capital gains tax
discretionary trusts, 5.75
liferents, 5.69
nil rate band discretionary trust, 5.110
trusts for children
bare trusts, 6.55
general, 6.64
overview, 6.68
Charities
accurate descriptions, 6.165
authorised recipients, 6.167
general charitable trusts, 6.169
letter of wishes, 6.169–6.170
nil rate band legacy, and, 4.40
precatory legacies, 5.53
registration with OSCR, 6.166
setting-up of new charity, 6.168
Children
adopted children, 6.42–6.45
age 18-to-25 trust, 6.61, 6.68–6.69
appropriate terms in will, 6.14
bereaved minor, trust for, 6.60, 6.68, 6.87–6.88
capacity
persons aged 16 and 17, 6.123
persons under 16, 6.121
prejudicial transactions, 6.124
provision for beneficiaries lacking capacity, 6.151
special exceptions, 6.122
choice of trusts, 6.110–6.114
conditio si institutus sine liberis decesserit, 6.142–6.143
conditio si testator sine liberis decesserit, 6.138
descriptions, 6.36–6.39
drafting guidelines
husband's will in favour of wife with children, 6.32–6.68
husband's will in favour of wife without children, 6.29–6.31
exclusion of spouse, 6.137
general provision, 6.46
guardianship
appointment on parent's death, 6.128
capacity of guardians, 6.127
consent to act, 6.129
drafting guidelines, 6.130–6.135
legal capacity of children, 6.120–6.124
overview, 6.119
parental rights and responsibilities, 6.125
powers and duties of guardians, 6.126
illegitimate children, 6.40–6.41
liferent trusts
to mother, spouse and children, 5.84–5.89
to spouse and children, 5.77–5.83
no specific provision, 6.47–6.49
per capita/stirpes division, 5.8–5.14
problem solving
children but no spouse, 9.16
estates around prior rights limit, 9.18
exclusion of spouse or issue, 9.15
intestate succession, 9.14
second marriages, 9.22
modest estates, 9.17
taxable estates, 9.19–9.21
provision for spouse and children, 6.136
overview, 6.136
reasons for will, 1.9
short form children's trust (potential trust for bereaved minor), 6.87–6.88
subsequently born children, 3.5
trust until 25 (potential age 18-to-25 trust)
accumulation of income, 6.74–6.77
advances of income and capital, 6.80–6.84
age 18-to-25 trusts, 6.71
capital payments, 6.79
contingent entitlement, 6.73
destinations-over, 6.85–6.86
prohibited accumulations, 6.78
residue on failure of spouse, 6.70
trust purposes, 6.72
trusts
accumulation and maintenance trusts, 6.57–6.59
age 18-to-25 trusts, 6.61
bare trusts, 6.50–6.57
bereaved minors, 6.60
capital gains tax, 6.64
discretionary trusts, 6.67–6.68
income tax, 6.63
liferent trusts, 6.65–6.66
tax planning, 6.68
use of, 5.62
young persons' trusts, 6.62
young persons' trusts
accumulations, 6.93
advances of income and capital, 6.96–6.97
capital payments, 6.95
contingent entitlement, 6.92
destinations-over, 6.100
possible options, 6.104
prohibited accumulations, 6.94
relation with A & C trusts, 6.103
renunciation of powers, 6.102
resettlement, 6.98–6.99
trust purposes, 6.91
uses, 6.90
variation of provisions, 6.101
young persons' trusts (possible additional class members)
calculation of shares, 6.106
capital advancement, 6.107
comparisons with alternative form, 6.109
potential beneficiaries, 6.105
vesting, 6.108
Circumvention.
(see Facility and circumvention)
Civil partnership
appropriate terms in will, 6.9–6.12
dissolution, 6.8
intending partners, 6.7
general principles, 6.2
separated parties, 6.8
Class gifts
accretion
general principles, 5.3
severance, 5.4
ascertaining beneficiaries
closing rules, 6.147
discretionary trusts, 6.149–6.150
overview, 6.146
postponed vesting, 6.148
discretionary trusts, 5.96
provision for relatives, 6.158
Codicils
alternative Styles, 8.2
capacity, 8.10
change of executors, 8.4
changes to legacies
overview, 8.5
subject matter, 8.6
testator and family, 8.7
execution, 8.8
necessity, 8.3
new wills compared, 8.8
purpose, 8.1
revocation, 8.8
Cohabitation
drafting guidelines, 6.5
names and terminology, 6.6
statutory provisions, 6.4
Collation, 4.32–4.33
Common clauses
appointment of executors and trustees
acceptance of office, 3.18
appointments sine quo non, 3.28
assumption of new trustees, 3.22
conditional appointments, 3.27
conveyances to, 3.17
corporate appointments, 3.14
executors and trustees distinguished, 3.10
general principles, 3.12
general requirements of executors, 3.11
limited appointments, 3.29
majority decision-making and quorums, 3.19–3.20
number, 3.16
partial appointments, 3.30
remuneration, 3.24
requirement for capacity, 3.13
resignation, 3.23
solicitors, 3.15
substitute provisions, 3.26
survivorship implied, 3.21
trustees' powers, 3.25
commorientes
basic rule, 5.16
order of death uncertain, 5.17
statutory presumption, 5.18
donations for medical purposes
funeral arrangements, 3.53
procedure following death, 3.52
recording instructions, 3.54–3.56
scope, 3.51
explanation by solicitor, 9.34
funeral instructions
advance arrangements, 3.47
alternatives to cremation and interment, 3.57
complicated and unusual instructions, 3.45
cremation, 3.39
cremation and interment of ashes, 3.40
cremation and scattering of ashes, 3.41
forms, 3.38
funeral bequests, 3.50
general principles, 3.37
giving effect to, 3.49
interment, 3.42
legal controls, 3.48
privacy, flowers and donations, 3.44
prohibitory instructions, 3.46
religious services, 3.43
informal writings, 3.31
living wills
aiding and abetting suicide, 3.60
meaning and status, 3.58
representative of patient choice, 3.61
sources of information, 3.63
Style will, 3.62
termination of life, 3.59
payment of legacies
expenses, 3.33
government duties, 3.34
interest, 3.34
time for payment, 3.32
preliminary wording, 3.2
revocation
destruction of previous will, 3.4
divorce, 3.6
effect on multiple wills, 3.7
effect on nominations, 3.8
general requirements, 3.3
mutual wills, 3.9
subsequently born children, 3.5
Commorientes
basic rule, 5.16
order of death uncertain, 5.17
statutory presumption, 5.18
Companies
legacies to, 6.71
legacies to directors, 6.164
private company shares
general treatment, 2.23
options to purchase, 4.107
specific legacies, 4.102–4.105
public company shares, 4.120
trustees' powers, 7.12
Conditio si institutus sine liberis decesserit, 8.7, 6.142–6.143
Conditio si testator sine liberis decesserit, 6.138, 8.7
Conditional legacies
see also Precatory legacies
attainment of particular age, 5.42
certain and uncertain events distinguished, 5.38
changes effected by codicils, 8.7
conditions not obvious, 5.40
conditio si institutus sine liberis decesserit, 6.142–6.143
conditio si testator sine liberis decesserit, 6.138
employees, 6.160
employment, 5.47
events pending vesting, 5.43
executors and trustees, 6.173
full purpose for resolutive conditions, 5.44
general principles, 5.37
ineffective conditions, 5.49–5.51
marriage, 5.45
repugnancy
meaning and scope, 5.54
qualified rights, 5.55
residence, 5.46
substitute legatees, 5.48
survivorship, 5.41
suspensive and resolutive provisions distinguished, 5.39
Conflict of laws, 2.69
Conflicts of interest
legacies to solicitors, 6.175
trustees powers, 7.23–7.24
Consents
capacity for child to consent, 6.122
guardians consent to act, 6.129
Contractual rights and obligations
effect of revocation, 3.3
mutual wills
problem solving, 9.32
revocation, 3.9
specific legacies, 4.114
Copyright, 4.108–4.111
Corrections and alterations
forms of correction
additions, 2.50
erasures and deletions, 2.49
errors in testing clause, 2.51
names and signatures, 2.48
general requirements, 2.47
rectification of defects, 2.52
Cousins
meaning, 6.18
Cremation.
(see Funeral instructions)
Crofts, 4.88
Cumulative legacies, 4.13
Debts
due to testator, 4.117–4.118
house mortgages
bequests free from, 4.78
life assurance policies, 4.79–4.80
Islamic wills, 9.28–9.30
Jewish wills, 9.31
land and buildings, 4.71
legacies subject to, 4.26–4.27
Demonstrative legacies, 4.5
Dependants
meaning, 6.21
Descendants
meaning, 6.15
Destinations-over
conditional legacies, 5.42
discretionary trusts, 5.97
division of legacies equally between beneficiaries, 5.5
general presumptions, 5.27
husband's will in favour of wife without children, 6.30
identification of beneficiary, 6.27
importance, 6.1
legacies of legal rights, 4.43
meaning and scope, 5.26
powers of appointment, 5.60
young persons' trust, 6.100
Destruction of wills, 3.4
Disabled beneficiaries, 6.153, 6.156
Discretionary legacies, 4.14
Discretionary trusts
accumulations, 5.71
beneficiaries lacking capacity, 6.155
children, 6.67–6.68
class gifts, 6.149–6.150
drafting guidelines
long-term discretionary trust, 5.98
nil rate band discretionary trust, 5.99–5.100
nil rate band discretionary trust-deed of appointment, 5.119–5.120
nil rate band discretionary trust wills, 5.101–5.118
two year discretionary trusts, 5.90–5.97
employees, 6.162
meaning and scope, 5.70
precatory legacies as alternative, 5.53
relevant considerations, 6.110–6.114
tax planning
capital gains tax, 5.75
income tax, 5.74
inheritance tax, 5.72–5.73
Dissolution of civil partnerships, 6.8
Dividends, 4.104
Divorce
appropriate terms in will, 6.8
effect on will, 3.6
second marriages, 9.22
Domicile
applicable law
deemed domicile, 2.68
general rule, 2.65
proof, 2.67
types of domicile, 2.66
appropriate form of will, 2.76
English docquets to testing clauses, 2.60
Islamic wills, 9.30
reform proposals, 2.87
taking instructions, 9.10, 9.36
testator domiciled abroad
capacity, 2.83
separate Scottish will, 2.84
significance of S12, 2.82
tax planning, 2.86
when foreign will required, 2.85
Donations for medical purposes
common clauses
funeral arrangements, 3.53
procedure following death, 3.52
recording instructions, 3.54–3.56
scope, 3.51
Donations mortis causa, 2.24
Employees
conditionality, 6.160
important considerations, 6.159
tax planning
inheritance tax, 6.161
ten-year charge on discretionary trusts, 6.162
Engaged couples, 6.7
Execution
annexations, 2.53
attestation probative, 2.36
codicils, 8.8
corrections and alterations
forms of correction, 2.48–2.51
general requirements, 2.47
rectification of defects, 2.52
emergency execution, 2.61
informal writings, 2.62–2.63
methods, 2.35
signature of testator
general requirements, 2.37
method and form, 2.38
statutory requirements, 2.34
testator incapable
attorneys, 2.55
notarial execution, 2.56–2.59
total lack of capacity, 2.54
testing clauses
English docquets, 2.60
forms, 2.43–2.46
general requirements, 2.42
witnesses
method and form, 2.41
signatures, 2.38
timing of process, 2.40
Executors
see also Powers of trustees and executors
appointment clauses
acceptance of office, 3.18
appointments sine quo non, 3.28
assumption of new trustees, 3.22
change by codicil, 8.4
conditional appointments, 3.27
conveyances to, 3.17
corporate appointments, 3.14
executors and trustees distinguished, 3.10
general principles, 3.12
general requirements of executors, 3.11
limited appointments, 3.29
majority decision-making and quorums, 3.19–3.20
number, 3.16
partial appointments, 3.30
remuneration, 3.24
requirement for capacity, 3.13
resignation, 3.23
solicitors, 3.15
substitute provisions, 3.26
survivorship implied, 3.21
trustees' powers, 3.25
legacies to, 6.173
problem solving, 9.33
reasons for will, 1.9
Expenses
abatement of legacies, 4.9
payment of legacies, 3.33
specific legacies, 4.61–4.62
Facility and circumvention, 2.4, 2.6, 2.8, 2.9–2.10
Family provision
beneficiaries lacking capacity
adults, 6.152
children, 6.151
disabled beneficiaries, 6.153, 6.156–6.157
children
choice of trusts, 6.110–6.114
guardianship, 6.119–6.135
short form children's trust (potential trust for bereaved minor), 6.87–6.89
trust until 25 (potential age 18-to-25 trust), 6.69–6.86
young persons' trust, 6.90–6.104
young persons' trust (possible additional class members), 6.87–6.89, 6.105–6.109
'family' defined, 6.19
importance, 6.28
Islamic wills, 9.28
Jewish wills, 9.31
problem solving
children but no spouse, 9.16
estates around prior rights limit, 9.18
exclusion of spouse or issue, 9.15
intestate succession, 9.14
second marriages, 9.22
modest estates, 9.17
taxable estates, 9.19–9.21
relatives other than descendants, 6.144–6.145
spouses
husband's will in favour of wife with children, 6.32–6.68
husband's will in favour of wife without children, 6.29–6.31
liferents to mother, spouse and children, 5.84–5.89
liferents to spouse and children, 5.77–5.83
spouses and children
exclusion of spouse, 6.137
more remote descendants, 6.139– 6.141
overview, 6.136
taking instructions, 9.36
Farms
in hand, 4.82–4.84
tenancies, 4.85–4.86
Fishing rights, 4.95
Forfeiture
effect on other beneficiaries, 5.57
equitable compensation, 5.58
meaning and scope, 5.56
Formal validity
international aspects
non-conforming countries, 2.79
scope, 2.78
statutory provisions, 2.77
statutory provisions, 2.34
Fraud, 2.4
'Full age', 2.2
Funeral arrangements
see also Donations for medical purposes
common clauses
advance arrangements, 3.47
alternatives to cremation and interment, 3.57
complicated and unusual instructions, 3.45
cremation, 3.39
cremation and interment of ashes, 3.40
cremation and scattering of ashes, 3.41
donations for medical purposes, 3.53
forms, 3.38
funeral bequests, 3.50
general principles, 3.37
giving effect to, 3.49
interment, 3.42
legal controls, 3.48
privacy, flowers and donations, 3.44
prohibitory instructions, 3.46
religious services, 3.43
Islamic wills, 9.28
Furniture and personal effects
categorisation, 4.52
choice for beneficiaries, 4.57
confirmation of ownership, 4.55
drafting guidelines, 4.56
equality by value, 4.58
general, 4.49
liferent to spouse, 5.78
leisure use, 4.50
location of property, 4.53
motor vehicles, 4.64
remaining items legacy, 4.51
restrictions on value, 4.54
General legacies, 4.3
Gifts
lifetime advances
collation and legal rights, 4.32–4.33
meaning and scope, 4.28–4.29
taking into account in will, 4.30–4.31
with reservation, 2.16
Government duties
abatement of legacies, 4.9
on legacies, 3.35–3.36
Government stocks, 4.123
Guardianship
appointment on parent's death, 6.128
capacity of guardians, 6.127
consent to act, 6.129
drafting guidelines, 6.130–6.135
legal capacity of children
statutory provisions, 6.120
overview, 6.119
parental rights and responsibilities, 6.125
powers and duties of guardians, 6.126
Heirs
meaning, 6.25–6.26
Heritable property
appropriate form of will, 2.76
Islamic wills, 9.28
special destination, 2.14
testator domiciled abroad, 2.82
trustees' powers
general provisions, 7.6
management of heritage, 7.10
Historic buildings, 6.171
Hotchpot clauses, 5.83
Houses
see also Heritable property
bequests free of burdens, 4.76
debts, 4.78
defined interests, 4.77
farms in hand, 4.84
identification if more than one, 4.81
life assurance policies, 4.79–4.80
occupation by beneficiaries, 7.14
Housing associations, 6.171
Illegitimate children, 6.40–6.41
Immoveable property.
(see Heritable property)
Immunities for trustees
differences in England and Wales, 7.35
general principles, 7.33
reluctance to include, 7.36
standard of care required, 7.34
Income
accumulation and maintenance trusts, 6.57–6.59
discretionary trusts, 5.92
liferent trusts, 5.79
short form children's trust (potential trust for bereaved minor), 6.87–6.88
trust at 25 (potential age 18-to-25 trusts)
accumulation of income, 6.74–6.77
advances of income and capital, 6.80–6.84
trustees powers, 7.18–7.19
young persons' trust
accumulations, 6.93
advances of income and capital, 6.96–6.97
prohibited accumulations, 6.94
Income tax
discretionary trust, 5.74
liferents, 5.68
nil rate band discretionary trust, 5.109
renunciation of rights, 5.25
trusts for children
bare trust, 6.54
general, 6.63
overview, 6.68
Individual Savings Accounts, 4.121–4.122
Informal writings
execution of wills, 2.62–2.63
no requirement for standard clauses, 3.31
Inheritance tax
agricultural property, 4.90–4.93
business assets, 4.90–4.93, 4.98
disabled beneficiaries, 6.156–6.157
discretionary trusts, 5.72–5.73
nil rate band discretionary trust, 5.99–5.100
nil rate band discretionary trust-deed of appointment, 5.99–5.100
nil rate band discretionary trust wills, 5.99–5.100
employees, 6.161
immediate post-death interest, 5.65– 5.67
Islamic wills, 9.29
legacies, 3.35–3.36
legacies of nil rate band
charities, 4.40
consequences on estate, 4.41
effect of lifetime transfers, 4.39
general principles, 4.38
liferents, 5.65–5.67
non-charitable institutions and legal entities, 6.171
provision for lifetime gifts, 4.46
provision for spouses and children, 6.136
relevant considerations for children's trusts, 6.112
renunciation of rights, 5.24
specific legacies, 4.63
survivorship, 5.19
taking instructions, 9.36
trees and woodland, 4.94
trusts for children
age 18-to-25 trust 6.61
bare trust, 6.53
bereaved minor, 6.60
overview, 6.68
Insolvency.
(see Bankruptcy)
Insurance,
(see Life assurance policies)
Insurance policies, 7.9
Intellectual property
copyright, 4.108–4.111
performance rights, 4.112
trade marks, 4.113
Interest on legacies
common clauses, 3.34
pecuniary legacies, 4.47
specific legacies, 4.48
Interment.
(see Funeral instructions)
International aspects
applicable law
conflict of laws, 2.69
domicile, 2.65–2.68
appropriate form of will, 2.76
capacity, 2.70
English docquets to testing clauses, 2.60
foreign immoveable property, 2.26
foreign moveable property, 2.25
foreign rules of administration, 2.80
formal validity
non-conforming countries, 2.79
scope, 2.78
statutory provisions, 2.77
overview, 2.60
pecuniary legacies
foreign currencies, 4.35
overseas legatees, 4.36
powers of appointment, 2.75
reform proposals
applicable law, 2.88
domicile, 2.87
EU harmonisation, 2.89–2.90
Scottish Law Commission, 2.91
revocation, 2.71–2.74
tax planning, 2.81
testator domiciled abroad
capacity, 2.83
separate Scottish will, 2.84
significance of S12, 2.82
tax planning, 2.86
when foreign will required, 2.85
trustees' powers
administration abroad, 7.29
change of proper law, 7.30–7.31
non-resident trustees, 7.28
Intestate succession
claims on estate, 9.6
problem solving, 9.14
Inventories, 2.53
Investment powers
delegation of investment management, 7.16
diversification of investments, 7.8
general provisions, 7.7
insurance policies, 7.9
nominees, 7.15
Islamic wills
drafting guidelines, 9.29
general principles, 9.28
importance of testator's intentions, 9.30
taking instructions, 9.27
Issue
See also Children
meaning, 6.15
scope, 6.14
Jewish wills, 9.31
Joint property.
(see Special destinations)
Land and buildings
agricultural property, 4.90–4.93
crofts, 4.88
division among beneficiaries, 4.73
farm tenancies, 4.85–4.86
farms in hand, 4.82–4.84
general principles, 4.71
houses, 4.76–4.81
inclusion as business assets, 4.97
leases, 4.75
ownership at time of death, 4.72
rights of occupancy, 4.87
separation of buildings from land, 4.74
sporting and fishing rights, 4.95
timeshares, 4.89
trees and woodland, 4.94
Leases
farm tenancies, 4.85–4.86
land and buildings, 4.75
timeshares, 4.89
Legacies
abatement
displacement of general principles, 4.8
government duties and expenses, 4.9
meaning, 4.7
preferential legacies, 4.12
specific legacies, 4.10
variation between types of legacy, 4.11
ademption
drafting guidelines, 4.16
general principles, 4.15
permissible replacements, 4.17
changes effected by codicils
overview, 8.5
subject matter, 8.6
testator and family, 8.7
classification
cumulative or substitutional, 4.13
demonstrative legacies, 4.5
discretionary/selective legacies, 4.14
general legacies, 4.3
importance, 4.6
pecuniary legacies, 4.34
preferential legacies, 4.12
residuary bequests, 4.2
specific legacies, 4.4
common clauses
expenses, 3.33
government duties, 3.35–3.36
interest, 3.34
time for payment, 3.32
conditional legacies
attainment of particular age, 5.42
certain and uncertain events distinguished, 5.38
conditions not obvious, 5.40
conditio si institutus sine liberis decesserit, 6.142–6.143
conditio si testator sine liberis decesserit, 6.138
employment, 5.47, 6.160
events suspending vesting, 5.43
executors and trustees, 6.173
full purpose for resolutive conditions, 5.44
general principles, 5.37
ineffective conditions, 5.49–5.51
marriage, 5.45
residence, 5.46
substitute legatees, 5.48
survivorship, 5.41
suspensive and resolutive provisions distinguished, 5.39
conditionally exempt legacies, 4.63
cumulative and substitutional legacies distinguished, 4.13
discretionary legacies, 4.14
division between beneficiaries
accretion, 5.6
complex alternatives, 5.7
per capita division, 5.8–5.14
per stirpes division, 5.8–5.14
presumption of equal shares with destination-over, 5.5
formulaic calculation, 4.44–4.45
funeral bequests, 3.50
IHT nil rate band
charities and, 4.40
consequences on estate, 4.41
effect of lifetime transfers, 4.39
general principles, 4.38
interest on
pecuniary legacies, 4.47
specific legacies, 4.48
Islamic wills, 9.29
legal rights
destinations-over, 4.43
general principles, 4.42
legatum rei alienae, 4.18–4.19
pecuniary legacies
foreign currencies, 4.35
general form, 4.34
overseas legatees, 4.36
specific purposes, 4.37
precatory legacies
alternative to discretionary trust, 5.53
meaning and scope, 5.52
realisation of assets, 4.24
repugnancy
meaning and scope, 5.54
qualified rights, 5.55
satisfaction
residuary legacies, 4.23
special provisions, 4.22
specific legacies, 4.21
standard instruction, 4.20
selective legacies, 4.14
specific subjects
animals, 4.67–4.70
annuities, 4.129–4.135
bank and building society accounts, 4.119
bets, 4.128
business assets, 4.96–4.105
categorisation, 4.52
choice of items, 4.56–4.48
confirmation of ownership, 4.55
contractual rights, 4.114
debts due to testator, 4.117–4.118
equality by value, 4.58
fishing boat, 4.66
furniture, 4.49
government stocks, 4.123
intellectual property, 4.108–4.113
ISAs, 4.121–4.122
land and buildings, 4.71–4.95
leisure use, 4.50
life assurance policies, 4.125
Lloyd's interests, 4.126–4.127
location of property, 4.53
motor vehicles, 4.64–4.65
National Savings, 4.124
OEICs, 4.120
option, 4.106
particular physical items, 4.59–4.63
personal effects, 4.49
restrictions on value, 4.54
rights in trusts/estates, 4.116
rights of action, 4.115
shares, quoted, 4.120
shares, unquoted/private, 4.102
stock (company and Government), 4.123
trust funds, 4.136–4.138
unit trusts, 4.120
woodlands, 4.94
vested rights in trusts and estates, 4.116
yachts and boats, 4.66
subject to debts, 4.26–4.27
Legal rights
see also Prior rights
avoidance of, 4.24, 6.35, 6.137, 9.15
claim, effect of, 5.56, 5.58
collation and, 4.28, 4.32–4.33
discharge of, separation agreement in, 6.8
generally, 2.27, 9.3–9.6
legacy of sum equal to, 4.42
reform, 9.7
Legatum rei alienae, 4.18–4.19
Letter of wishes
discretionary trusts, 5.100, 5.115
general, charitable trusts, 6.169–6.170
Life assurance policies
general treatment, 2.21
house mortgages, 4.79–4.80
specific legacies, 4.125
Liferent trusts
alimentary liferents, 5.64
beneficiaries lacking capacity, 6.154
children, for, 6.65–6.66
drafting guidelines
liferent to mother, spouse and children, 5.84–5.89
liferent to spouse and children, 5.77–5.83
house, 5.85
immediate post-death interest, 5.67
nil rate band discretionary trust, creation from, 5.118–5.120
overcoming repugnancy, 5.55
tax planning
capital gains tax, 5.69
income tax, 5.68
inheritance tax, 5.65–5.67
vesting, 5.33–5.35
Lifetime transactions
advances
collation and legal rights, 4.32–4.33
meaning and scope, 4.28–4.29
taking into account in will, 4.30–4.31
effect on legacies of IHT nil rate band, 4.39
IHT provision for lifetime gifts, 4.46
Jewish wills, 9.31
Living wills
aiding and abetting suicide, 3.60
meaning and status, 3.58
representative of patient choice, 3.61
sources of information, 3.63
Style will, 3.62
termination of life, 3.59
Lloyd's interests, 4.126–4.127
Marriage
see also Family provision; Spouses; Civil Partnership
appropriate terms in will, 6.9–6.12
conditional legacies, 5.45
engaged couples, 6.7
ineffective conditions, 5.49
revocation, 6.3
second and subsequent marriages, 9.22–9.23
separated parties, 6.8
starting point for will, 6.1
Medical donations.
(see Donations for medical purposes)
Mental capacity, 2.3
Money laundering, 9.36
Motor vehicles
inclusion with furniture and effects, 4.64
number plates, 4.65
Moveable property, 2.14
Multiple wills
effect of revoking one, 3.7
testator domiciled abroad
separate Scottish will, 2.84
when foreign will required, 2.85
Mutual wills
problem solving, 9.32
revocation, 3.9
National Savings, 4.124
Nephews, 6.17
Next of kin, 6.22–6.24
Nieces, 6.17
Nil rate band.
(see Inheritance tax)
Nominations
effect of revocation, 3.8
general treatment, 2.22
pension benefits, 2.19–2.20
Notarial execution
disqualification as witness, 2.59
procedure, 2.58
'relevant persons', 2.57
statutory provisions, 2.56
Number plates, 4.65
Office holders, 6.163
Options to purchase assets
meaning and scope, 4.106
private company shares, 4.107
rationale, 4.25
Parental rights and responsibilities, 6.125
Partnerships
legacies of interests, 4.99–4.101
legacy to partner, 6.164
legacy to partnership, 6.171
Pecuniary legacies
foreign currencies, 4.35
general form, 4.34
interest on, 4.47
overseas legatees, 4.36
specific purposes, 4.37
Pension benefits
effect of revocation on nominations, 3.8
general treatment, 2.18–2.20
Per capita/stirpes division, 5.8–5.14
Performance rights, 4.112
Personal effects.
(see Furniture and personal effects)
Plans and attachments 2.53
Political parties, 6.171
Powers of appointment
see also Discretionary legacies
exercise by will, 5.61
general treatment, 2.17, 5.59–5.60
grant of, 5.60
international aspects, 2.75
meaning and scope, 5.59
reasons for will, 1.9
Powers of trustees and executors
see also Discretionary legacies; Discretionary trusts
additions to fund, 7.17
administration abroad, 7.29
agents, 7.27
allocation of capital and income, 7.18–7.19
appropriation, 7.20–7.21
borrowing, 7.13
business assets, 7.11
change of proper law, 7.30–7.31
companies, 7.12
conflicts of interest, 7.23–7.24
delegation of investment management, 7.16
diversification of investments, 7.8
exercise of discretion, 7.25
general powers, 7.3
importance, 7.1
insurance policies, 7.9
investment, 7.7
management of heritage, 7.10
necessary acts, 7.4
nominees, 7.15
non-resident trustees, 7.28
occupation by beneficiaries, 7.14
reasons for will, 1.9
renunciation of powers, 7.32
resignation, 7.26
retention, 7.6
settlement, 7.22
short form, 7.2
specific powers, 7.5
Precatory legacies
see also Conditional legacies
alternative to discretionary trust, 5.53
meaning and scope, 5.52
Preferential legacies, 4.12
Prejudicial transactions, 6.124
Preliminary wording, 3.2
Prior rights, 6.34, 9.4, 9.7, 9.17
Private company shares
see also Stocks and shares
general treatment, 2.23
options to purchase, 4.107
specific legacies, 4.102–4.105
Problem solving
business assets, 9.25–9.26
children but no spouse, 9.16
estates around prior rights limit, 9.18
exclusion of spouse or issue, 9.15
executors and trustees, 9.33
explanation of standard clauses, 9.34
five-year approach, 9.23
intestate succession, 9.14
introduction, 9.13
Islamic wills, 9.28–9.29
Jewish wills, 9.31
mutual wills, 9.32
review date for will, 9.35
second and subsequent marriages, 9.22–9.23
modest estates, 9.17
taxable estates, 9.19–9.21
Proof
domicile, 2.67
execution of will, 2.36
Relatives
see also Family provision
meaning and scope
adopted children, 6.42–6.45
blood relatives, 6.13
brothers and sisters, 6.16
children, 6.14, 6.36–6.39
cousins, 6.18
dependants, 6.21
family, 6.19
heirs, 6.25–6.26
illegitimate children, 6.40–6.41
issue and descendants, 6.15
nephews and nieces, 6.17
next of kin, 6.22–6.24
relatives, 6.20
provision for, 6.158
Religion
ineffective conditions, 5.50
Islamic wills
drafting guidelines, 9.28
general principles, 9.28
importance of testator's intentions, 9.30
Jewish wills, 9.31
taking instructions, 9.27
Remuneration of executors and trustees, 3.24
Renunciation of powers
trustees, 7.32
young persons' trust, 6.102
Renunciation of rights
applicability, 5.23
effects, 5.19
income tax, 5.25
inheritance tax, 5.24
restrictions on particular legacy, 5.21
whole or part rights, 5.22
Repugnant legacies
meaning and scope, 5.54
qualified rights, 5.55
Residue
classification and general, 4.2
incidence of debts on, 4.27
pension benefits, 2.18–2.20
satisfaction, 4.23
Resignation of trustees, 7.26
Revocation
codicils, 8.8
destruction of previous will, 3.4
divorce, 3.6
effect on multiple wills, 3.7
effect on nominations, 3.8
general requirements, 3.3
international aspects, 2.71–2.74
marriage, 6.3
mutual wills, 3.9
subsequently born children, 3.5
Satisfaction of legacies
residuary legacies, 4.23
special provisions, 4.22
specific legacies, 4.21
standard instruction, 4.20
Selective legacies, 4.14
Separated parties, 6.8
Shares.
(see Private company shares)
Signatures
corrections and alterations
forms of correction, 2.48
general requirements, 2.47
testator
annexations, 2.36
general requirements, 2.37
method and form, 2.38
witnesses
general requirements, 2.38
method and form, 2.41
timing of process, 2.40
Sisters, 6.16
Solicitors
appointment as executors and trustees, 3.24
legacies to
overview, 6.174
Practice Rules, 6.175
professional misconduct, 6.176
reform proposals, 6.179
summary of position, 6.180
token legacies, 6.177–6.178
validity of will, 6.181
Sound mind, 2.3
Special destinations
contributions to purchase price, 2.31–2.32
general principles, 2,14, 2.29–2.30
joint accounts, 2.15
Special legacies.
(see Specific legacies)
Specific legacies
abatement, 4.10
ademption
drafting guidelines, 4.16
general principles, 4.15
permissible replacements, 4.17
animals
practical problems, 4.68–4.70
subject matter of bequests, 4.67
annuities
commencement, 4.130
commercial providers, 4.134
commutation, 4.133
drafting guidelines, 4.135
funding, 4.131
general principles, 4.129
insufficient income produced, 4.132
bank and building society accounts, 4.119
bets, 4.128
business assets
general principles, 4.96–4.98
partnership interests, 4.99–4.101
private company shares, 4.102–4.105
classification, 4.4
contractual rights, 4.114
debts due to testator, 4.117–4.118
furniture and personal effects
categorisation, 4.52
choice for beneficiaries, 4.57
confirmation of ownership, 4.55
drafting guidelines, 4.56
equality by value, 4.58
leisure use, 4.50
location of property, 4.53
restrictions on value, 4.54
Government stock, 4.123
intellectual property
copyright, 4.108–4.111
performance rights, 4.112
trade marks, 4.113
interest on, 4.48
ISAs, 4.121–4.122
land and buildings
agricultural property, 4.90–4.93
crofts, 4.88
division between beneficiaries, 4.73
farm tenancies, 4.85–4.86
farms in hand, 4.82–4.84
general principles, 4.71
houses, 4.76–4.81
leases, 4.75
ownership at time of death, 4.72
rights of occupancy, 4.87
separation of buildings from land, _4.74
sporting and fishing rights, 4.95
timeshares, 4.89
trees and woodland, 4.94
life assurance policies, 4.125
Lloyd's interests, 4.126–4.127
motor vehicles
inclusion as furniture and effects, 4.64
number plates, 4.65
National Savings, 4.124
particular physical items, 4.59–4.63
rights of action, 4.115
satisfaction, 4.21
stocks and shares, 4.120
trust provisions
appointment of trustees, 4.138
drafting guidelines, 4.137
general principles, 4.136
vested rights in trusts and estates, 4.116
yachts and boats, 4.66
Sporting rights, 4.95
Spouses
husband's will in favour of wife with children, 6.32–6.68
husband's will in favour of wife without children, 6.29–6.31
exclusion of spouse, 6/137
liferent to mother, spouse and children, 5.84–5.89
liferent to spouse and children, 5.77–5.83
problem solving
children but no spouse, 9.16
estates around prior rights limit, 9.18
exclusion of spouse or issue, 9.15
intestate succession, 9.14
second and subsequent marriages, 9.22
modest estates, 9.17
taxable estates, 9.19–9.21
Standard clauses.
(see Common clauses)
Stocks and shares
government stocks, 4.123
public company shares, 4.120
Style wills
basis, 1.3
break-up of text, 1.5
codicils, 8.2
commentaries and general discussion, 1.7
discretionary trusts
long-term discretionary trust, 5.98
nil rate band discretionary trust, 5.99–5.100
nil rate band discretionary trust-deed of appointment, 5.119–5.120
nil rate band discretionary trust wills, 5.101–5.118
two year discretionary trusts, 5.90–5.97
family provision
husband's will in favour of wife with children, 6.32–6.68
husband's will in favour of wife without children, 6.29–6.31
liferent trusts
liferent to mother, spouse and children, 5.84–5.89
liferent to spouse and children, 5.77–5.83
living will, 3.62
numbering, 1.8
objectives
general comprehensibility, 1.1
plain English approach, 1.2
testator's intentions, 1.9
short form children's trust (potential trust for bereaved minor), 6.87–6.88
summaries, 1.6
trust until 25 (potential age 18-to-25 trusts)
accumulation of income, 6.74–6.77
advances of income and capital, 6.80–6.84
age 18-to-25 trusts, 6.71
capital payments, 6.79
contingent entitlement, 6.73
destinations-over, 6.85–6.86
prohibited accumulations, 6.78
residue on failure of spouse, 6.70
trust purposes, 6.72
trustees' powers
additions to fund, 7.17
administration abroad, 7.29
agents, 7.27
allocation of capital and income, 7.18–7.19
appropriation, 7.20–7.21
borrowing, 7.13
business assets, 7.11
change of proper law, 7.30–7.31
companies, 7.12
conflicts of interest, 7.23–7.24
delegation of investment management, 7.16
diversification of investments, 7.8
exercise of discretion, 7.25
general powers, 7.3
insurance policies, 7.9
investment, 7.7
management of heritage, 7.10
necessary acts, 7.4
nominees, 7.15
non-resident trustees, 7.28
occupation by beneficiaries, 7.14
renunciation of powers, 7.32
resignation, 7.26
retention, 7.6
settlement, 7.22
specific powers, 7.5
use of words and phrases, 1.4
young persons' trust
accumulations, 6.93
advances of income and capital, 6.96–6.97
capital payments, 6.95
contingent entitlement, 6.92
destinations-over, 6.100
possible options, 6.104
prohibited accumulations, 6.94
relation with A & M trust, 6.103
renunciation of powers, 6.102
resettlement, 6.98–6.99
trust purposes, 6.91
variation of provisions, 6.101
young persons' trust (possible additional class members)
calculation of shares, 6.106
capital advancement, 6.107
comparisons with alternative form, 6.109
potential beneficiaries, 6.105
vesting, 6.108
Substitutional legacies, 4.13
Survivorship
appointment of executors and trustees, 3.21
beneficiaries
commorientes clauses, 5.16–5.18
general principles, 5.15
conditional legacies, 5.41
inheritance tax, 5.19
taking instructions, 9.36
Taking instructions
aide memoire, 9.36
capacity, 9.10
capacity for child to give instructions, 6.122
civil partnerships, 6.2
claims on estate
importance, 9.3
intestate succession, 9.6
legal rights, 9.5
prior rights, 9.4
reform proposals, 9.7
consideration of assets, 9.11
designation of beneficiaries, 9.12
designation of testator, 9.9
destruction of wills, 3.4
domicile, 9.10
duty of care to third parties, 2.33
format of interview, 9.8
importance, 9.37
legacies to persons connected with solicitor, 6.176
potential undue influence, 2.12
practical guidance, 9.2
Tax planning
bare trusts for children
capital gains tax, 6.55
income tax, 6.54
inheritance tax, 6.53
disabled beneficiaries, 6.156–6.157
discretionary trusts
capital gains tax, 5.75
income tax, 5.74
inheritance tax, 5.72–5.73
employees
inheritance tax, 6.161
ten-year charge on discretionary trusts, 6.162
international aspects, 2.81
Islamic wills, 9.30
liferents
capital gains tax, 5.69
income tax, 5.68
inheritance tax, 5.65–5.67
nil rate band discretionary trust, 5.109–5.110
precatory legacies, 5.53
problem solving, 9.19–9.21
provision for spouses and children, 6.136
reasons for will, 1.9
relevant considerations for children's trusts, 6.110–6.114
taking instructions, 9.11, 9.36
trusts for children, 6.68
Tenancies.
(see Leases)
Testing clauses
English docquets, 2.60
forms
docquet forms, 2.46
full clauses, 2.44
short form, 2.45
forms of correction, 2.51
general requirements, 2.42
Timeshares, 4.89
Trade marks, 4.113
Trustees
see also Discretionary legacies; Discretionary trusts
appointment clauses
acceptance of office, 3.18
appointments sine quo non, 3.28
assumption of new trustees, 3.22
change by codicil, 8.4
conditional appointments, 3.27
conveyances to, 3.17
corporate appointments, 3.14
executors and trustees distinguished, 3.10
general principles, 3.12
limited appointments, 3.29
majority decision-making and quorum, 3.19–3.20
number, 3.16
partial appointments, 3.30
remuneration, 3.24
requirement for capacity, 3.13
resignation, 3.23
solicitors, 3.15
specific assets or funds, 4.138
substitute provisions, 3.26
survivorship implied, 3.21
trustees' powers, 3.25
immunities
differences in England and Wales, 7.35
general principles, 7.33
reluctance to include, 7.36
standard of care required, 7.34
legacies to, 6.173
powers
additions to fund, 7.17
administration abroad, 7.29
agents, 7.27
allocation of capital and income, 7.18–7.19
appropriation, 7.20–7.21
borrowing, 7.13
business assets, 7.11
change of proper law, 7.30–7.31
companies, 7.12
conflicts of interest, 7.23–7.24
delegation of investment management, 7.16
diversification of investments, 7.8
exercise of discretion, 7.25
general powers, 7.3
importance, 7.1
insurance policies, 7.9
investment, 7.7
management of heritage, 7.10
necessary acts, 7.4
nominees, 7.15
non-resident trustees, 7.28
occupation by beneficiaries, 7.14
renunciation of powers, 7.32
resignation, 7.26
retention, 7.6
settlement, 7.22
short form, 7.2
specific powers, 7.5
problem solving, 9.33
Trusts
age 18-to-25 trust, 6.61, 6.68–6.69
bare trusts for children
payment after 16, 6.56–6.57
payment at 16, 6.50–6.51
tax planning, 6.52–6.55
beneficiaries lacking capacity
discretionary trusts, 6.155
liferent trusts, 6.154
bereaved minor, trust for, 6.60, 6.68, 6.87–6.88
charitable trusts, 6.169–6.170
children
accumulation and maintenance trusts, 6.57–6.59
age 18-to-25 trust, 6.61, 6.68–6.69
appointment to convert A & M trust to age 18-to-25 trust, 6.118
appointment to convert young persons' trust to age 18-to-25 trust, 6.116–6.117
appointment to create age 18-to-25 trust, 6.112–6.113
bereaved minor, 6.60, 6.68, 6.87
capital gains tax, 6.64
discretionary trusts, 6.67–6.68
income tax, 6.63
liferent trusts, 6.65–6.66
relevant considerations, 6.110–6.114
tax planning, 6.68
young persons' trust, 6.62
discretionary trusts
accumulations, 5.71
meaning and scope, 5.70
tax planning, 5.72–5.75
drafting guidelines
age 18-to-25 trust, 6.69–6.86
bereaved minor, 6.87–6.89
liferent to mother, spouse and children (immediate post-death interest), 5.84–5.89
liferent to spouse and children (immediate post-death interest), 5.77–5.83
long-term discretionary trust, 5.98
nil rate band discretionary trust, 5.99–5.100
nil rate band discretionary trust-deed of appointment, 5.119–5.120
nil rate band discretionary trust will, 5.101–5.118
two year discretionary trust, 5.90– 5.97
general, 5.62
immediate post-death interest, 5.65–5.67, 5.120, 6.68
liferents
alimentary liferents, 5.64
general principles, 5.63
overcoming repugnancy, 5.55
tax planning, 5.65–5.69
vesting, 5.33–5.35
short form children's trust (potential trust for bereaved minor), 6.87–6.88
specific assets or funds
appointment of trustees, 4.138
drafting guidelines, 4.137
general principles, 4.136
trust for children until 25 (potential age 18-to-25 trust)
accumulation of income, 6.74–6.77
advances of income and capital, 6.80–6.84
age 18-to-25 trusts, 6.71
capital payments, 6.79
contingent entitlement, 6.73
destinations-over, 6.85–6.86
prohibited accumulations, 6.78
residue on failure of spouse, 6.70
trust purposes, 6.72
young persons' trusts
accumulations, 6.93
advances of income and capital, 6.96–6.97
capital payments, 6.95
contingent entitlement, 6.92
destinations-over, 6.100
possible options, 6.104
prohibited accumulations, 6.94
relation with A & M trusts, 6.103
renunciation of powers, 6.102
resettlement, 6.98–6.99
taxation, 6.62–6.64, 6.68
trust purposes, 6.91
uses, 6.90
variation of provisions, 6.101
young persons' trusts (possible additional class members)
calculation of shares, 6.106
capital advancement, 6.107
comparisons with alternative form, 6.109
potential beneficiaries, 6.105
vesting, 6.108
Undue influence, 2.4–2.5, 2.7–2.8, 2.9
Vesting
class gifts, 6.148
meaning, 5.28
postponed vesting, 5.31
preliminary points, 5.29
subject to defeasance, 5.32–5.36
time of payment, 5.30
Wagers, 4.128
Wishes.
(see Letter of wishes)
Witnesses
attestation probative, 2.36
notarial execution, 2.59
testators of doubtful capacity, 2.3
Yachts, 4.66
Young persons' trusts
appointments to age 18-to-25 trusts, 6.116–6.117
general
accumulations, 6.93
advances of income and capital, 6.96–6.97
capital payments, 6.95
contingent entitlement, 6.92
destinations-over, 6.100
possible options, 6.104
prohibited accumulations, 6.94
relation with A & C trusts, 6.103
renunciation of powers, 6.102
resettlement, 6.98–6.99
taxation, 6.62–6.64, 6.68
trust purposes, 6.91
uses, 6.90
variation of provisions, 6.101
possible additional class members
calculation of shares, 6.106
capital advancement, 6.107
comparisons with alternative form, 6.109
potential beneficiaries, 6.105
vesting, 6.108
relevant considerations, 6.110–6.114
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  • Resource ID: C-000-3512
  • Published: 01-Feb-2009
  • Products:  All Bloomsbury Books, Book: Drafting Wills in Scotland
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