Over the years many of our clients have requested clauses be drafted into their last Will & testament which could not be included. The following article considers such common requests when Will writing in Bristol.

We are a nation of pet owners and whilst a clause can be included for a loved pet to be cared for by a named person, an animal cannot of themselves own property or be left an inheritance. Such a clause would fail under UK law and would become part of the residual estate.

An outright gift to a person with some kind of disability preventing them from managing the funds or property themselves should be avoided. There are trusts available in this situation, for example a disabled beneficiary trust, where nominated trustees can act for the beneficiary. Similarly a bereaved minor is unable to take care of their own finances until they reach 18 years of age and a children's trust can be drafted when Will writing in Bristol.

A legal Will must be certain and clauses cannot be drafted to be legally binding if the asset is not entirely owned by the testator. It is also common that an attempt to transfer interest in a partnership agreement or other such business arrangement would fail if in contradiction with documents of association relating to the enterprise.

Will writing in Bristol has changed little over the years and placing caveats and conditions on a clause could make it unenforceable. For example placing a specific stipulation on a gift, such as ‘only if my son has a decent haircut', is of course a simplistic example to highlight the point.

A letter of wishes is the appropriate document to provide personal messages, specific funeral requests and guidance on how any trust should be administered. In this way a change of heart can be easily altered without having to re-sign and re-witness the main document.

Excluding individuals from Wills, such as an estranged child, is possible but an exclusion clause should be included and reasons for the exclusion. When Will writing in Bristol it is important that the person understands four fundamental principles so that objections cannot be raised in the future. The testator:

  • must appreciate the nature and consequences of the document
  • must understand the extent of his or her property
  • must be able to understand and consider any moral claims to their estate
  • must not be affected by any disorder of mind or insane delusion

To mitigate the likelihood of any disputed, it is important to follow these fundamental principles to avoid potential pitfalls and an expert Will writer can help you navigate through this aspect of Will writing in Bristol.

Avoiding the above pitfalls is essential to provide certainty for loved ones and to prevent an estate being challenged in the future. Rose & Trust of Bristol have been helping our clients throughout the area to get their affairs in order and we can ensure that your wishes are realised, and not frustrated, by drafting legally binding clauses. Contact us today to find out more.