A Guide to Our Joint Will

by Kate Mccormick - Solicitor

Our guide to our joint will downloadable template will give you step by step instructions on how to fill it out and also let you know about any other relevant information you will need to do so.

A Guide to Our Joint Will

This Joint Will is for use by a husband and wife or partners to leave everything to each other, or to each other and their children, upon their deaths.

Clauses in this Joint Will

You should enter your (the Testator’s) name on the Cover Page of the Will and your name and address at the top of Page 1.

First paragraph – you should insert the Testator's full name and permanent private address here.

My Executors - the Will provides for each partner will be the other's Executor. You need to insert the Executor’s full name and address and also the name and address of a second Executor, who should be someone that you trust, to be appointed to act if your partner cannot.

My Specific Legacies – this clause allows the Testator to give specified items to individuals other then their spouse. You should insert accurate descriptions of the items and the names and addresses of the recipients here.

My Pecuniary Legacies – this clause enables you to give specific sums of money from your Estate to the individuals that you name here. These sums will be paid out in preference, before the Residuary Estate is dealt with.

My Personal Chattels – Section 55(1)(x) of the Administration of Estates Act 1925 defines personal chattels as “carriages, horses, stable furniture and effects (not used for business purposes), motor cars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate for business purposes nor money or securities for money”.
The Will contains the option for any Personal Chattels not expressly dealt with elsewhere to be given to the person(s) whose details you provide in this paragraph.

My Estate – this paragraph ensures that the Will deals with all the assets and property that you own at your death, which will form your Estate.

Management of My Estate – this paragraph gives your Executors general managerial powers to deal with the Estate, rather than having to rely on various piecemeal statutory powers. They can convert any assets into money and pay for your funeral and administration expenses out of the Estate before any Legacies or gifts are paid out.

My Absolute Residuary Gifts – the Residue of the Estate is what is left after payment of any debts, funeral expenses, costs of administering your Estate (including any taxes incurred during that period) and the specific and pecuniary legacies given in the Will.
The Will provides various options for dealing with the Residuary Estate:
1) The Residue shall go to the Testator’s spouse. If the spouse dies before the Testator, the Residue will be held in trust for the Testator’s children in equal shares so that they will inherit it when they reach the age of 18. If they do not reach such age, their share(s) will pass to their children.
2) The Residue will be divided up and given to various named persons as you set out in this clause. If those persons die before they receive their share, that share shall be apportioned to the other named persons in equal shares.
3) The Reside will be held on trust by the Executors for a particular named charity. The Executors must pay the Reside to the charity when they have finished administering your Estate or if that charity no longer exists, to a similar one.
4) The Reside will be used to pay any Inheritance Tax due on it and then divided into equal shares and paid out to any persons/organisations that you specify in this clause.
You will need to choose one of these options and delete the others and insert the necessary details in relation to the option that you choose.

Executor’s Powers – this clause gives to the Executors additional powers to those that they will automatically have as a result of various applicable statutes and regulations.

Clauses Excluding Rights – Section 11(1) of the Trusts of Land and Appointment of Trustees Act 1996 states that the Executors must consult with and give effect to the wishes of any beneficiaries who are entitled to any land under the Will before dealing with the land. This paragraph excludes this right so that the Executors may deal with the land as they think appropriate.
Section 19 of the Trusts of Land and Appointment of Trustees Act 1996 gives power to those beneficiaries who are over 18 to require the retirement or appointment of Executors under the Will. This paragraph remove this right so that the Executors that you choose will remain as Executors unless appointed or removed in accordance with the law.

Power of Investment – this paragraph increases the Executors’ powers to invest the whole or part of the Residue of the Estate, to those that an absolute owner would have.

Power to Borrow – this provision gives to the Executors the widest possible borrowing powers in relation to the Estate so that they can offer any part of the Estate as security for such borrowing.

Power of Appropriation – this power allows the Executors to decide which assets the beneficiaries will receive in order to satisfy their Legacy or share of the Residuary Estate.

Executor Charging – this clause enables the Executors to receive payment for administering the Will. They will be paid in preference to all legacies and gifts in the Will.

Executor’s Protection – this clause is appropriate where the Executors are non- professional executors. It protects them from personal liability to reimburse losses suffered by your Estate as a result of honest mistakes made by them in carrying out their duties in administering the Estate under the Will.

Testimonium and Attestation – this clause makes the Will valid. To be valid, the Will must be signed by the Testator in front of two independent Witnesses, who must also sign the Will. You should insert the name of the Testator and Witnesses here and then have the Will signed by all three parties.
Once signed in this way, the Single Will becomes a legally binding document and only creating a new Will or adding a Codicil will change its provisions. You should keep a copy of the signed Will and also consider depositing the original with a Solicitor for safekeeping.