Ehsan Kabir Solicitor is telling about, how to make a will in the United Kingdom? Ehsan Kabir works effortlessly and tirelessly around the clock to anyone with a legal inquiry.

1. Ehsan Kabir Solicitor
How to make a will in United Kingdom

2. Four types of property rights
1. Land law (real-property) – immovables
2. Personal property – movables
3. Trusts – way of managing assets (money, investments, land or
buildings) for people. There are different types of trusts and
they are taxed differently.
4. Intellectual property

3. Statutory Law
1. Law of Property Act 1925
2. Sale of Goods Act 1979
3. Law of Property (Miscellaneous Provisions) Act 1989
4. Wills Act 1963
5. Copyright, Designs and Patents Act 1988
6. Trust of Land and Appointment of Trustees Act 1996
7. Trustee Act 2000
8. Patents Act 2004

4. Inheritance – wills
Will - legal declaration of how a person wishes his or her possessions to be
disposed of after death.
Receiver have certain tax and legal responsibilities after inhering the property.
One of them is to pay Inheritance Tax if the estate’s worth over £325,000.
When someone dies, one may be able to apply for a ‘grant of representation’.
This gives him the legal right to deal with the person’s property, money and
possessions (their ‘estate’) - known as ‘probate’.
A grant of representation can sometimes be known as a ‘grant of probate’,
‘letters of administration’ or ‘letters of administration with a will’.

5. How to make a will
 Making will on his/her own with two witnesses
 Using a solicitor to make a will
 Using a will writing company to make a will
 Using a bank to make a will
 Online will writing services

6. Gifts
In Cochrane v Moore case the Court of Appeal held that:
An oral gift of a movable object does not pass property to the donee without
delivery
In Balding v Ashley, the Court of Appeal held that:
The oral gift of a car is valid only when the delivery takes place, for example
by handing over the keys of the car

7. Trusts
Trusts are set up for a number of reasons, including:
 to control and protect family assets
 when someone’s too young to handle their affairs
 when someone can’t handle their affairs because they’re
incapacitated
 to pass on assets while you’re still alive
 to pass on assets when you die (a ‘will trust’)
 under the rules of inheritance if someone dies without a will (in
England and Wales)

8. How to set up a trust
 The legal wording of a trust needs to be precise, so one should ask a
solicitor to set it up. It can be expensive – around £1,000 or more – but
some charities have schemes where they contribute towards the parents’
costs of setting up a trust for a disabled child.
 The person willing to set up a trust have to choose people to be his or
her trustees, usually family members or close friends, someone to rely
on. There is a must of at least two trustees, but probably no more than
three or four.
 Alternatively, one can appoint a company as a trustee, such as a bank or
firm of solicitors.

9. Intellectual property
It may be necessary to transfer the Intellectual Property Rights because
those are part of a business to be sold, or if an author , inventor etc. was
commissioned to create a work or an invention. The effect of an
assignment is that the original owner is excluded from using the IPRs
unless the new owner gives him a licence. There are formalities for
assignment of each form of IPR.

10. How to transfer IPRs?
 Patents or Patent Applications – an assignment must be in writing, signed by all
parties to the transaction and registered at the Patent Office within six months of the
assignment. Failing registration, the assignee's rights against infringers are restricted.
The assignor cannot subsequently challenge the validity of the patent.
 Copyright or Design Rights – an assignment must be in writing but need only be
signed by the assignor. Future copyrights may also be assigned in this way.
 Registered Trade Marks or Service Marks – such a mark can be assigned
independently of the goods or services to which it relates. The assignment must be
registered with the Trade Marks Registry. If not, the new owner is restricted in his
ability to sue infringers.
 Unregistered Trade Marks – an unregistered trademark can only be assigned with
the business, product or service with which it is associated.
 Registered Designs – the assignment must be in writing and registered with the
Designs Registry. If such registration does not occur, the assignee will have
difficulties in suing infringers. There are also rules which ensure that registered
designs and associated design rights are kept in the same hands.

11. Conveyancing
The process of moving the legal ownership of property or land
from one person to another.

12. Process of conveyancing
The seller is responsible for drawing up a legal contract to transfer ownership.
The contract contains details about:
 the sale price
 the property boundaries
 which fixtures and fittings (like carpets and kitchen units) are included
 any legal restrictions or rights, like public footpaths or rules about using the property
 any planning restrictions
 services to the property, like drainage and gas
 when the sale will complete
 If the seller has hired a solicitor or conveyancer, they will:
 draft the initial contract
 answer questions from the buyer’s solicitor or conveyancer (with the seller’s help)
 negotiate the details of the contract if necessary

13. Process of conveyancing
Exchanging contracts
 When the buyer and seller are happy with the contract, both sides sign final copies and
send them to each other.
The agreement to sell and buy is legally binding once this happens. Usually neither party can
pull out without paying compensation.
 Completion
Once they exchange contracts and deal with any remaining checks the buyer has asked for:
 The money is transferred from the buyer to the seller.
 The legal documents needed to transfer ownership are handed over to the buyer.
 The seller moves out and leaves the property in the state agreed in the contract.
 The seller hands over the keys to the buyer.
 The property now belongs to the buyer.

14. Conveynacers
 Licensed conveyancers are property law specialists who work on behalf
of clients buying or selling property (houses, flats, business premises or
land) in England and Wales. They deal with all the legal matters,
administration, finance and queries involved in a property transaction.
 Conveyancers process and agree contracts, transfers, mortgages and
leases and draw up all the documents that sellers and purchasers must
sign in the course of a transaction.
 They advise clients on the technical content of the documents and their
financial implications. They may act on behalf of the vendor or the
purchaser, and in certain circumstances for both in the same transaction.

15. Contract law
 ‚In English Law the general law of contract is not chiefly based on
legislation law, but on the common law – that is, the law developed
by courts’
 ‚However the greatest part of the general contract law remains to be
found in the accumulation of decided cases or precedents that
constitute common law’
 Contract as a source of obligations – after Moschi v Lep Air
Services Ltd, House of Lords judgement

16. Types of contract
 Contracts that must be made by deed – conveynaces of land
and leases of property extending over period longer than 3
years
 Contracts that mus be in writing (not necessarily be deed) –
bills of exchange, cheques and promisory notes, consumer
credit agreements, contracts of marine insurance
 Contracts that must be evidenced in writing – contracts of
guarantee

17. Contract
A contract is an agreement giving rise to obligations which are enforced or
recognised by law.
In common law, there are 3 basic essentials to the creation of a contract:
agreement, contractual intention and consideration.
In common law, a promise is not, as a general rule, binding as a contract unless it is
supported by consideration (or it is made as a deed). Consideration is "something
of value" which is given for a promisee and is required in order to make the
promise enforceable as a contract. This is traditionally either some detriment to the
promisee (in that he may give value) and/or some benefit to the promisor (in that
he may receive value). For example, payment by a buyer is consideration for the
seller's promise to deliver goods, and delivery of goods is consideration for the
buyer's promise to pay. It follows that an informal gratuitous promise does not
amount to a contract.

18. Form of a contract
The general rule is that contracts can be made informally. Most contracts can
be formed orally, and in some cases, no oral or written communication at all
is needed.
Thus, an informal exchange of promises can still be as binding and legally
valid as a written contract. There are statutory exceptions to this rule. For
example:
 a lease for more than 3 years must be made by deed: Law of Property Act
1925, ss 52, 54(2);
 most contracts for the sale or disposition of an interest in land must be
made in writing: Law of Property (Miscellaneous Provisions) Act 1989,
s 2;
 contracts of guarantee are required to be evidenced in writing: Statute of
Frauds, s 4.

19. Formation of a contract
The constituent elements of the classical model of contract are:
 Offer,
 Acceptance,
 Consideration,
 Intention to create legal relations.

20. Bibliography
Books
 Akkermans, B. (ed), ‚Cases, Materials, and Text on Property Law’, Oxford, Hart
Publishing, 2012.
 McKendric, E., ‚Contract Law. Texts, Cases and Materials’
 Shapper, G., ‚English Law’
Articles
 BASIC PRINCIPLES OF ENGLISH CONTRACT LAW Prepared by lawyers from
Allen&Overy
Websites
 https://www.gov.uk/
 http://dictionary.cambridge.org/
 http://www.which.co.uk/money/retirement/guides/writing-a-will/how-to-make-a-
will/
 https://www.moneyadviceservice.org.uk/en/articles/setting-up-a-trust

21. Thank you for your attention !