5: Additional Clauses

The example Wills above are made up of several sections.

The wishes and estate distribution in our examples and templates are straight forward, which covers many situations. Common clauses you can add to this section are:

General Survivorship Clause

This clause makes clear that anyone not surviving the Testor by 28 days should not be included as a beneficiary.

Every beneficiary under this Will who survives me but fails to do so by the period of 28 days shall be treated for the purposes of this Will (but not for the purposes of the Wills Act 1837 Section 33 as substituted by the Administration of Justice Act 1982) as having died in my lifetime and the gift bequeathed to any such beneficiary and its intermediate income shall devolve accordingly

Gift of personal chattels to one person absolutely

This clause donates all of your personal effects but not money (or any effects used as security for money) to one person.

I give free of tax to (donee) of (address) all my personal chattels as defined by the Administration of Estates Act 1925

Similarly this could be written

I give free of tax to (donee) of (address) all my articles of personal domestic household or garden use or ornament except those which are the subject of specific gifts in this Will or any codicil to it

Gift of named items to several donees

If you wish to name specific items in your Will to leave to a specific person, you can add the following clause.

I give free of tax the following specific legacies:
  • to (donee) of (address) my (insert description of item)
  • to (donee) of (address) my (insert description of item)
  • Repeat as required

Pecuniary legacy to one person

A pecuniary legacy is when a specific sum of money is left to a beneficiary. As unpaid money will decrease in real terms due to inflation, an additional interest option can be added.

I give free of tax to (donee) of (address) the sum of £... and if such sum has not been paid within 12 months of my death it shall carry interest during the period running from the first anniversary of the date of my death and ending with the date of payment at a rate of [2]% per annum above the (name) Bank's base rate from time to time during that period

Pecuniary legacy to a charity

This clause can be used if you wish to make a donation to charity of a specific amount.

I give to (name of charity) of (address) the sum of £..... and declare that the receipt in writing of the treasurer of that charity shall be a sufficient discharge to my Executors

Immediate gift of residue to one person-provision for survivorship and substitution

This clause allows you to donate to a beneficiary with the option that if that person does not survive the Testor, it can be donated to another person. This would mean you would not have to immediately change your Will if the first donee dies before you.

I give the residue of my estate (out of which shall be paid my funeral and testamentary expenses and my debts) and any property over which I have at my death any general power of appointment:
  • to (donee) of (address) if he survives me by 28 days or
  • if the gift above fails for any reason then to (substitute donee) of (address)

Wish for burial or cremation

As well as distributing your estate, your Will can be used to state your wishes you wish to be carried out after your death, such as being buried or cremated.

I wish my body to be buried

or

I wish my body to be cremated

Wish for burial in a specified place

"I wish my body to be buried at (state place of burial)"

Wish that ashes be scattered in a particular place

I wish my ashes to be scattered at (insert place)

Wish that ashes be buried in particular place

If you have a wish to be buried in a particular place, such as with your spouse or partner, you can specify that too.

I wish my Trustees to ensure that my ashes are placed with the ashes of my late husband/wife/partner (name) and that our combined ashes are buried in the Churchyard of (specify)
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