A Sample Will: The Trivet Family

A Will is a formal set of instructions to your chosen executors, and while there is no mandatory format, professional drafting ensures the document covers all legal angles. Using the details for Mr Alan Trivet and Mrs Alice Trivet, this sample illustrates how a standard document is “dissected” into functional clauses to manage a high-value estate.

The Last Will and Testament of Alan Trivet

Below is a demonstration based on standard legal precedents for a testator with a spouse and three adult children (Adam, Emily, and Florence).

1. Testator Identification and Revocation

“I, ALAN TRIVET, of 24 Rose Lane, Romsey SO51, HEREBY REVOKE all previous Wills, Codicils, and Testamentary Dispositions made by me AND DECLARE this to be my last Will”. Note: This clause is essential to confirm that all prior versions are void.

2. Appointment of Executors and Trustees

“I APPOINT my wife ALICE TRIVET to be my sole Executor and Trustee, but should she be unable or unwilling to act, I APPOINT my children ADAM TRIVET, EMILY TRIVET, and FLORENCE TRIVET to act jointly in her place”. Note: Testators should generally appoint family members first, as they can carry out probate work themselves or choose to hire professional assistance later.

3. Disposal of Remains

“I WISH that my mortal remains be cremated and I leave all such arrangements to my family as they may in their absolute discretion decide”.

4. The Residuary Estate

“I GIVE my entire estate whatsoever and wheresoever situate… to my wife ALICE TRIVET for her own use and benefit absolutely”. “SHOULD MY WIFE fail to survive me by 28 days, then my Trustees shall divide my Residuary Estate IN EQUAL SHARES between such of my children ADAM, EMILY, and FLORENCE as shall survive me”.

Important Considerations for the Trivet Estate

Given that the Trivet family assets total £3.25 million, several critical factors from ‘The Testator’s Guide’ must be considered:

1. Inheritance Tax (IHT): As the estate is significantly above the £325,000 nil-rate band for an individual, professional tax planning is vital. While transfers between spouses are exempt, the second death could trigger a 40% tax bill on everything above the combined thresholds.
2. Joint Ownership: If the Romsey property is held as “Joint Tenants,” it passes automatically to Alice outside of the Will via the “right of survivorship”. To protect the children’s eventual inheritance from risks like future care fees, the couple could consider a Protective Property Trust (PPT) by severing the tenancy into “Tenants in Common”.
3. Valid Execution: To be legally binding under the Wills Act 1837, Alan must sign this document in the presence of two witnesses, who must then sign in his presence. Witnesses must not be beneficiaries (like Adam, Emily, or Florence) or their spouses, or they will lose their inheritance.

Attestation Clause Template

“SIGNED by the said ALAN TRIVET as and for his last will in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses”.