Mirror wills definition

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Probate actions—secret trusts

Secret trustsThe enforcement of secret trusts has it roots in equitable doctrines. Here, though, it is not the Will itself that may be the subject of a claim but a particular disposition.DefinitionThere are two forms of secret trust, namely:•the fully secret trust, where the named beneficiary has an apparent absolute gift but that in fact, they have agreed with the testator to hold on certain trusts•the half or semi-secret trust, where the beneficiary is a mere trustee and the terms of the trust are not disclosed or fully disclosed in the WillTo these should be added the distinguishable scenario that probably fits between the two where the testator requests the beneficiary to deal with certain property in a manner already communicated or to be communicated to them but without imposing a trust or legal obligation. In such a case the beneficiary will take absolutely.The fundamentalsThe principal elements of a secret trust are:•intention•communication •acquiescenceSilence by the legatee of a secret trust is acquiescence but the legatee must be asked and agree...

Creation of trusts—by Will

Creation of trusts—by Will Trust drafting Testators frequently wish to include a trust or trusts in their Wills. Even if this is not the case, a trust may arise: • where a beneficiary is under 18 years at the death of the testator and the testator does not want the minor's parent or guardian to give a receipt on their behalf, there will need to be a trust of the minor's entitlement until they reach 18 and can give good receipt. In such circumstances it would be preferable to declare a trust expressly in the Will and so control the terms and trustees • where contingent gifts are made and including a trust would enable the property to be dealt with until the contingency is satisfied Once the decision has been made to include a testamentary trust, the form that trust will take must be decided. For example, if there is a wish to benefit the children, consider the requirements of a bereaved minor trust or...

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Client information form

Client information form GENERAL INFORMATION Client Spouse/civil partner/unmarried partner Name Address Telephone numberMobile numberEmail addressDOBMarital status Children Names DOB Previous marriage(s) Ongoing financial obligations Yes (provide details)/NoYes (provide details)/No Previous Wills Yes (provide details including date)/No/Retrieve Lasting Power of Attorneys (LPAs) or enduring power of attorney (EPA) Yes (provide details)/No/Retrieve Dependants (other than children) Yes/No Anti money laundering documents received and checks completed Yes/No Details Potential capacity issues Potential health issues Potential duress ASSETS AND LIABILITIES Description Value/Detail House(s) Provide details including £ Ownership of houses and other