Author Archive

The Date from which a Will Speaks

The construction of a Will can alter the date from which a Will speaks. This is an important factor in interpreting the Will as a small change in the wording of a Will can change the way ademption applies and, to a certain degree, the classification of legacies as specific or general. The normal situation is that a Will speaks from the date of death when it identifies or describes property and from... 

30 Day Clause

This is an interesting addition to wills which helps executors be clear about the order of death. Imagine if you can an awful car crash and a husband and wife in the car perish, who dies first? When using the 30 day clause it is clear to the executors that all cannot pass to the husband or wife from their deceased spouse as their wills say that they can only inherit if the spouse survives them by 30... 

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