This note explains some of the clauses in your will. You must still read all of your will, and be sure first that you understand the will, and then also that it reflects your wishes.

The will begins by revoking any previous wills you may have made. You might not have an earlier will, but this clause avoids any doubt. If you do have an earlier will, it is very much recommended that the earlier will is destroyed as soon as the new will is signed. Please let us know if you have another will.

Next, you appoint executors, who will deal with the practical administration of your estate. Your executors should agree to the appointment, and should be told where your will is kept. If, having collected the estate in and paid any debts, it is possible that the executors will have to hold money in trust, for example for somebody under 18, then the Will will also appoint them as trustees.

The Will may then appoint guardians of any children under 18. Please note that the power to appoint a guardian is always subject to the over-riding right of the courts to decide what is best for them in the actual and particular circumstances which apply at the date of your death.

Next the will makes any particular gifts either of personal items or money.

After realising the estate and making these specific bequests and paying any debts, what is left is 'the Residue'. Gifts of residue can be complicated because we must be sure that everything is inherited by somebody. If not, there will be a partial intestacy; that part of the estate would go as if a will had not been made. It is important that you understand the exact effect of these clauses. Usually the residue is the biggest gift in the will. If you are not sure, then please ask.

There are then several 'trustee clauses'. These clauses are required where part of the estate has to be retained in trust. Typically, the clauses enlarge the powers which are granted by the law. The general law which governs such trusts is often considered unduly restrictive. If you want more precise advice about this please ask.

If any of the executors or trustees are professional people, and the executorship would be part of their professional work, a charging clause will be included.

If you want any particular funeral arrangements these are stated in the will. Please note that these arrangements do not bind your executors, who may not even see the will until after the funeral.

Where a couple make wills in similar terms we include a clause which is intended to avoid the wills becoming mutual wills. Please see our other law-byte about this.

Last, the will has a signature (or execution) clause which, together with the clauses at the bottom of each page, comply with the laws requirements for the signing of a will.