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Testator’s relationship to beneficiary Most will‑makers leave gifts in their Wills to beneficiaries named expressly, described by their relationship, or-preferably-in both ways. On occasion a legacy is directed to someone identified by their role or position (eg, my executor, my gardener). There are a number of general principles relevant to describing a beneficiary by relationship: As a general rule, such a description points only to relatives by blood (including those of the half‑blood) and excludes persons connected by marriage or by descent; thus ‘my niece’ would ordinarily be read as the daughter of one of the testator’s own siblings, rather than the child of a sibling of the testator’s spouse, subject to the next point Where the context or surrounding circumstances permit, the description may extend to persons related solely by affinity-for example, decided cases indicate: a nephew of the testator’s wife qualified as a ‘nephew’, and that nephew’s wife qualified as a ‘niece’ ‘grandchildren’ was construed to mean the grandchildren of the...

Intestacy—beneficial entitlement—Q&As Practice Note: Intestacy—summary offers guidance on entitlement to inherit on an intestacy, together with the order of priority to apply for a grant of letters of administration. For further detail on who is beneficially entitled on an intestacy, see Practice Note: Intestacy—beneficial entitlement. See also Flowchart: Entitlement on intestacy—flowchart. This Practice Note examines a range of intestacy situations addressed in our Q&As. Intestacy where there is a surviving spouse or civil partner Practice Note: Intestacy—beneficial entitlement identifies the principal issues to consider where the deceased has died wholly intestate. Regarding the position of the surviving spouse, see section: Intestacy—beneficial entitlement—Spouse or civil partner. If the deceased left no issue, the spouse takes the whole estate. If the deceased left issue, the spouse takes any personal chattels, the statutory legacy (£322,000) and one-half of the residue outright. The remaining half of the residue passes to the deceased’s issue on the statutory trusts. Concerning the matrimonial home, it is held on statutory trusts and cannot be sold...

Commencement and revocation This revocation clause may include optional phrasing restricting revocation solely to Wills concerning UK property. That accords with later provisions which can, if preferred, confine this Will’s scope to UK property only. This ensures consistency across the instrument where the intention is to confine effect to UK assets while leaving arrangements concerning overseas holdings untouched. Using this optional language means any testamentary dispositions relating to assets abroad remain effective. The wording is marked as optional and might be unsuitable where the Will is drafted for a testator with no foreign property and no prospect of acquiring any, or for one who owns property overseas and intends to revoke any testamentary dispositions concerning such property (note that local legal requirements for a valid revocation must be reviewed and verified). Accordingly, foreign dispositions previously made would continue without alteration and remain fully operative. Variation 1—expectation of intended marriage or civil partnership: As a general principle, a Will is revoked by the testator’s subsequent marriage. Nevertheless, a...

Section 15 of the Wills Act 1837 (WA 1837) states: It provides that if a beneficiary (or their spouse) attests a will, any devise, legacy, estate, interest, gift or appointment to them, their spouse or those claiming through them is void against them. The attesting person may still give evidence of execution and of the will’s validity or invalidity. An interest in residue appears to fall within this rule. However, s 15 does not displace a gift where a separate testamentary instrument, not witnessed by the beneficiary or spouse, later confirms it; for example, B witnesses a Will benefiting B, but does not witness a codicil that reaffirms it. Class gifts differ on lapse: no one is fixed as a member until ascertainment. If a member is barred (for instance, by attesting), the class gift does not lapse; the property is shared among those able to take. For more detail, including on failure of a share in residue, see: Practice Note: Failure...