FORMALITIES- S9 WILLS ACT CAPACITY- BANKS V GOODFELLOW
Must be in writing Testator must have mental capacity to:
Signed by the testator (or someone at their Understand nature of making a will
WILLS & INTESTACY CRIB
direction) Understand extent of their estate (broad
Testator must intend the signature to give understanding, not exact values)
effect to the will Understand claims of those who might expect
SHEET
Signature must be made or acknowledged in
to benefit
the presence of two witnesses
Not suffer from a mental disorder affecting
Witnesses must sign/attest in the presence of
decisions
the testator
Red flags:
Witnesses cannot benefit — gift to witness or
spouse of witness is void Dementia, confusion, delusions
Common issues: Serious illness at time of execution
Missing signatures Sudden changes in testamentary wishes
Witnesses not present together KEY QUESTIONS DISTRIBUTION RULES
Beneficiary witnessing the will
If spouse/civil partner + children
Before applying the rules, establish:
VALIDITY Is there a surviving spouse/civil partner?
Spouse receives:
Statutory legacy (currently £322,000)
Are there children? (including adopted;
KNOWLEDGE AND APPROVAL UNDUE INFLUENCE/COERCION excluding stepchildren unless adopted)
Personal chattels
Half of the remainder
Did any children predecease? (→ grandchildren
Testator must know and approve the contents A will is invalid if made under pressure that Children share the other half equally
inherit by substitution)
of the will. overpowers the testator’s free will. If a child has died → their children take their
Are there other relatives? (parents, siblings,
When this is questioned: Indicators: share
etc.)
Testator blind/illiterate Isolation of testator Any partial intestacy? (e.g., will fails to dispose If spouse/civil partner but no children
Will prepared by beneficiary Beneficiary arranging will appointments of whole estate) Spouse receives entire estate
Major unexpected changes Testator fearful or dependent These determine which statutory order applies If children but no spouse
Testator vulnerable or dependent Sudden exclusion of close family Children inherit entire estate equally
Will executed in suspicious circumstances Unnatural provisions
Evidence supporting validity: Important:
Will read aloud to testator Very high evidential threshold
Solicitor’s file/attendance notes
Drafts reviewed
Must show coercion, not persuasion
Evidence:
INTESTACY
Witness statements Witness accounts ORDER OF DISTRIBUTION OTHER KEY POINTS
Medical/vulnerability evidence
1.Parents
2.Siblings (whole blood) 1.Marriage revokes a will → may trigger
3.Half‑siblings intestacy
Client Interview Introduction:
4.Grandparents 2.Divorce: ex‑spouse treated as predeceased
5.Aunts/uncles (whole blood) 3.Cohabitants do not inherit under intestacy
Hello, my name is ... and I am a trainee solicitor at …. 6.Half aunts/uncles 4.Personal chattels = defined list (e.g.,
This is a free 30 minute interview, I will ask you some questions and make note of your 7.Crown (bona vacantia) personal belongings, not money or property)
Notes: 5.Statutory legacy amount can change —
answers. Following this, I will provide you with some preliminary advice and outline your Whole blood always takes priority over half check current figure
options regarding your case. Everything that is said today will remain completely blood 6.Family tree essential for interview scenarios
Adopted children treated as biological 7.Partial intestacy: will covers some assets,
confidential. After I have outlined your options, you can take your time to decide if you Stepchildren not included unless adopted intestacy rules apply to the rest
would like to instruct me further on this matter.
Must be in writing Testator must have mental capacity to:
Signed by the testator (or someone at their Understand nature of making a will
WILLS & INTESTACY CRIB
direction) Understand extent of their estate (broad
Testator must intend the signature to give understanding, not exact values)
effect to the will Understand claims of those who might expect
SHEET
Signature must be made or acknowledged in
to benefit
the presence of two witnesses
Not suffer from a mental disorder affecting
Witnesses must sign/attest in the presence of
decisions
the testator
Red flags:
Witnesses cannot benefit — gift to witness or
spouse of witness is void Dementia, confusion, delusions
Common issues: Serious illness at time of execution
Missing signatures Sudden changes in testamentary wishes
Witnesses not present together KEY QUESTIONS DISTRIBUTION RULES
Beneficiary witnessing the will
If spouse/civil partner + children
Before applying the rules, establish:
VALIDITY Is there a surviving spouse/civil partner?
Spouse receives:
Statutory legacy (currently £322,000)
Are there children? (including adopted;
KNOWLEDGE AND APPROVAL UNDUE INFLUENCE/COERCION excluding stepchildren unless adopted)
Personal chattels
Half of the remainder
Did any children predecease? (→ grandchildren
Testator must know and approve the contents A will is invalid if made under pressure that Children share the other half equally
inherit by substitution)
of the will. overpowers the testator’s free will. If a child has died → their children take their
Are there other relatives? (parents, siblings,
When this is questioned: Indicators: share
etc.)
Testator blind/illiterate Isolation of testator Any partial intestacy? (e.g., will fails to dispose If spouse/civil partner but no children
Will prepared by beneficiary Beneficiary arranging will appointments of whole estate) Spouse receives entire estate
Major unexpected changes Testator fearful or dependent These determine which statutory order applies If children but no spouse
Testator vulnerable or dependent Sudden exclusion of close family Children inherit entire estate equally
Will executed in suspicious circumstances Unnatural provisions
Evidence supporting validity: Important:
Will read aloud to testator Very high evidential threshold
Solicitor’s file/attendance notes
Drafts reviewed
Must show coercion, not persuasion
Evidence:
INTESTACY
Witness statements Witness accounts ORDER OF DISTRIBUTION OTHER KEY POINTS
Medical/vulnerability evidence
1.Parents
2.Siblings (whole blood) 1.Marriage revokes a will → may trigger
3.Half‑siblings intestacy
Client Interview Introduction:
4.Grandparents 2.Divorce: ex‑spouse treated as predeceased
5.Aunts/uncles (whole blood) 3.Cohabitants do not inherit under intestacy
Hello, my name is ... and I am a trainee solicitor at …. 6.Half aunts/uncles 4.Personal chattels = defined list (e.g.,
This is a free 30 minute interview, I will ask you some questions and make note of your 7.Crown (bona vacantia) personal belongings, not money or property)
Notes: 5.Statutory legacy amount can change —
answers. Following this, I will provide you with some preliminary advice and outline your Whole blood always takes priority over half check current figure
options regarding your case. Everything that is said today will remain completely blood 6.Family tree essential for interview scenarios
Adopted children treated as biological 7.Partial intestacy: will covers some assets,
confidential. After I have outlined your options, you can take your time to decide if you Stepchildren not included unless adopted intestacy rules apply to the rest
would like to instruct me further on this matter.
