Wills Instruction Questionnaire

WILLS INSTRUCTION QUESTIONNAIRE

This questionnaire raises questions relating to your personal and financial affairs which need to be considered when preparing your Will. You may not be able to answer all the questions and we do not expect you to do so. It would be helpful if you could complete the first part of the questionnaire, providing us with information about your family. You need not complete the latter parts of the questionnaire if you do not wish to do so but you may find it helpful to read it through as these questions are ones that you should be thinking about when you prepare your Will. If you could provide an estimate of the assets in your estate this would be very helpful and would provide a useful summary for the future.

Where did you hear about Edward Hayes LLP?:

1. YOUR PERSONAL DETAILS

Full Name:
Title:
Any previous names:
Home Address:
Date of Birth:
Place of Birth (town):
County of residence for tax purposes:
Nationality:
Daytime Tel:
Mobile:
Email:
Occupation:

2. YOUR SPOUSE OR YOUR PARTNER

Full Name:
Title:
Any previous names:
Home Address:
Date of Birth:
Place of Birth (town):
County of residence for tax purposes:
Nationality:
Daytime Tel:
Mobile:
Email:
Occupation:

3. MARRIAGE / PARTNERSHIP DETAILS

If you are married – please state year of marriage:
Did you sign a pre-nuptial contract? / YES / NO
If you are not married: / Do you intend to get married in the near future? / YES / NO / Did you sign a co-habitation or other similar agreement? / YES / NO
Previous marriages: / Have you previously been married? / YES / NO / If yes, are there any children of that marriage? / YES / NO
If yes, please state names and dates of birth: / Name:
Date of birth:
Name:
Date of birth:
Name:
Date of birth:
Name:
Date of birth:
Name:
Date of birth:
How did that previous marriage come to an end? Please circle / Divorce / Spouse died
If divorce, are you required to make any on-going maintenance payments? / YES / NO
If yes, please provide details:
If your spouse died, please state date of death:
What was the total value of your spouse’s estate?
Did everything pass to you from your spouse’s estate (whether by will or intestacy)? / YES / NO
If no, who else inherited and how much did they inherit?

4. CHILDREN

a) Please state name, address and date of birth of your children:

Name / Address / Date of birth
1
2
3
4

b) Please state name, address and date of birth of your grandchildren:

Name / Address / Date of birth
1
2
3
4

c) Please state name, address and date of birth of your spouse’s/partner’s children:

Name / Address / Date of birth
1
2
3
4
5

5. PROPERTY

a) House occupied as your main home

Address:
Please circle whether the property is owned in / Your sole name / Joint names
If jointly - name of joint owner?
Please circle whether the property is owned as / Joint tenants / Tenants in common
If tenants in common, in what shares or proportions is the property held?
Please circle whether the property is - / Freehold / Leasehold
Value of property: / £
Name of mortgage lender:

b) Other houses

Address:
Please circle whether the property is owned in / Your sole name / Joint names
If jointly - name of joint owner?
Please circle whether the property is owned as - / Joint tenants / Tenants in common
If tenants in common, in what shares or proportions is the property held?
Please circle whether the property is - / Freehold / Leasehold
Value of property: / £
Name of mortgage lender:

6. BUSINESS

Name of business:
Address:
Nature of business:
Company? / YES / NO / Number of shares: / % of shares
Partnership? / YES / NO / Partnership shares
In sole control? / YES / NO

7. BANK / BUILDING SOCIETY ETC ACCOUNTS

1 / 2 / 3
Name of Bank / Building Society:
Branch:
Account No:
Estimated value: / £ / £ / £
Is account held jointly? / YES / NO / YES / NO / YES / NO
If account held jointly, please state who provided the funds and in what shares?

8. CHATTELS OF SIGNIFICANT VALUE

1 / 2 / 3
Description:
Value: / £ / £ / £
Are chattels held jointly? / YES / NO / YES / NO / YES / NO

9. LIFE ASSURANCE AND PENSION POLICIES

a) Life Assurance

1 / 2 / 3
Details of policy:
Life assured:
Value: / £ / £ / £
Written in trust? / YES / NO / YES / NO / YES / NO
Death in service lump sum? / YES / NO / YES / NO / YES / NO
If yes, state amount / £ / £ / £

b) Life Assurance

10. STOCKS AND SHARES

In sole name / In joint name
Value of investment portfolio? / £ / £
Investment Manager details:
If the fund is held jointly, please circle how it is held? / N/A / Joint tenants
Tenants in commons

11. PROPERTY OUTSIDE THE UK

Type of property / Country / Value
£
£
£

12. SETTLEMENT INTERESTS

Do you have any interest under a settlement created by you, or any other person? / YES / NO
If yes, please provide details:
Type of settlement – please circle: / Interest in possession / Discretionary / Accumulation and maintenance
Your interest – please circle? / Interest in possession / Discretionary / Default Beneficiary
Do you have a power of appointment over the Trust Fund? / YES / NO
Are the trustees resident in the UK? / YES / NO
Have they ever been resident outside the UK? / YES / NO

13. OTHER ASSETS

a) Please provide details:

b) Have you made any gifts within the last 7 years? If so, please provide details:

Donee / Item / value / Date
1 / £
2 / £
3 / £

c) Do you expect to receive any property of substantial value in the near future, for example an inheritance? If so, please provide details:

14. SUMMARY OF PROPERTY – VALUE OF PROPERTY

In sole name / In joint names
House (occupied as main home)
Other houses
Business
Bank / Building Society accounts
Chattels
Insurance policies
Pension policies
Stocks and shares
Property situated outside the UK
Other assets
Total

15. OTHER WILLS

Please provide details of any existing Wills (and a copy):
Where is the original located:

16. FUNERAL WISHES AND APPOINTMENT OF EXECUTORS AND GUARDIANS

a) Funeral wishes

A testator may include funeral directions in his Will, but these will not be legally binding to his executors – please circle / I wish to be buried / I wished to be cremated / I have no preference

Executors

This matter we can discuss at your appointment but it is often an advantage to appoint ourselves as your Solicitors which reduces the likelihood of any family disagreements and you are assured of a professional administration of your estate. You should also bear in mind that no Solicitor can practise without professional indemnity insurance as a result of which the possibility of loss to your beneficiaries is minimised. Private individuals do not carry such insurance as a result of which there is always a risk.

Guardians

You may appoint guardians of those of your children who are under the age of 18. Generally speaking the appointment of the guardian will only take effect when you and the child’s other parent has died. If you are a single parent, or if you are divorced from the other parent of the child, other rules will apply. It is preferable for discussions to take place with the proposed guardian before making the Will to ensure that he or she appreciates and accepts their responsibilities. In view of the potential of disruption to the guardian’s own family and the costs of caring for an additional child or children you may wish to consider making the guardian an interest free loan to allow them to enlarge their own property or to buy a larger property to more comfortably accommodate your child or children.

Guardians to be appointed on the death of the survivor of you and the child’s other parent: / Name and Address / Name and Address / Name and Address

17. ENDURING OR LASTING POWER OF ATTORNEY AND LIVING WILLS

a) Enduring or Lasting Power of Attorney

Have you appointed someone to act as your attorney under an Enduring or Lasting Power of Attorney? / YES / NO
If yes, please provide details (and a copy) of the enduring or Lasting Power of Attorney:
Name and address of attorney(s) and his/her/(their relationship to you: / Attorney 1 / Attorney 2 / Attorney 3
Where is the original located?
Where two or more attorneys are appointed to act, do they act – please circle? / Joint and severally (together and separately)? / YES / NO / Jointly (together) / YES / NO
Has the Enduring or Lasting Power of Attorney been registered with the Office of the Public Guardian / Court of Protection? / YES / NO

b) Living Will

A living will (also called an advance directive) is a document in which a person (whilst competent) gives directions as to what should happen as and when he becomes incapable of taking responsibility for his own health care. It is usually made with the object that, should a person find himself in a state of terminal illness and incapacity, no procedures designed to sustain or prolong life will be used and those already in place will be withdrawn. The use of a living will has not so far been tested in the English courts. Please provide a copy of the Living Will.

Do you have a living Will? / YES / NO
If yes, where is the original Living Will located?

October 2013