Full Record

Introduction -- The duties -- Expresses the testator's testamentary intentions -- To who are the duties owed? -- Particular circumstances and duties -- The taking and recording of instructions -- Preliminary -- Personal details -- Family -- Date or location of prior will -- Destruction of old wills -- Appointment of executors -- Identifying the disposable assets and liabilities -- Identifying the beneficiaries -- Ensuring the testator's assets are disposable by will -- Case studies -- Family trusts -- Dealing with superannuation entitlements -- Advising as to any "moral" claims on the testator's bounty -- Arranging for the prompt drawing of the will and its valid execution and attestation -- Check list for the will -- Signing up on the instructions: interim wills -- The formalities of execution -- The formalities of attestation -- Advising against accidental revocation -- Providing for the appointment of solicitor - executors and the payment of commission -- The Law Society rules regarding appointment of executor -- Dealing with an indecisive testator -- A compliance scheme? -- Testamentary capacity -- Clients in nursing homes -- The rationality of the proposed will -- Undue influence -- The duty to prepare a will even where there are doubts about testamentary capacity -- Conclusion