Rule B2.2: Drafting Wills

2.2.1 In this rule 2.2, unless the context otherwise requires, terms listed in the first column of rule 2.2.1 shall have the meanings respectively ascribed to them in the second column of that rule:



business partner

a partner in any form of partnership or a co-director of any corporate body in either case providing legal services or associated with the provision of such services

connected person

your spouse, civil partner, cohabitant, ascendant, descendant or sibling; your business partner, employer, employee or fellow employee; or the spouse, civil partner, cohabitant, ascendant, descendant or sibling of your business partner, employer,  employee or fellow employee


2.2.2 You shall not knowingly act on instructions in relation to the preparation of testamentary writings which could reasonably be perceived to give unfair benefits to you or those connectedwith you by family or professional relationships.

2.2.3 Without prejudice to the generality of rule 2.2.2, you shall not knowingly accept instructions from or give instructions to a business partner, employer, employee or fellow employee or act yourself to prepare a testamentary writing for a client ("the testator") if either of the following circumstances apply:

(a) it contains a bequest in your favour or in favour of a connected person unless that bequest falls within one or more of the following exceptions:

(i) the bequest is of token sums or items not exceeding £250 in total value or such other sum as may be fixed by the Council from time to time; or

(ii) the bequest is to the spouse, civil partner or cohabitant of the testator provided that, if the testator has issue at the date of execution of the testamentary writing, either those issue are all apparently the issue of both the testator and the recipient of the bequest, or, if the testator has other issue, appropriate provision is also made for those other issue; or

(iii) the bequest is to a person related to the testator and is not to any significant degree disproportionately large as compared to that of (1) any other person in the same degree of relationship to the testator or (2) any person, who under the law relating to intestacy is, or could be, a representative of, or represented by, any other person in the same degree of relationship to the testator; or

(b) it contains a direction that you or your practice unit or an entity in which your practice unit has a financial interest are to undertake the administration of the testator's estate.

Back to Table of Contents

Related Guidance