The first clause of a simple Will usually reads as follows:
“I revoke all my earlier testamentary dispositions”.
This clause is absolutely essential as it ensures that the Will being produced will revoke any former Wills and, once validly Executed, will be the Testator's final Will and Testament.
If, however, a client has a Will or property in another jurisdiction (ie. outside of England and Wales) then this revocation clause needs to be drafted differently as the Will needs to be limited to England and Wales. A separate Will for property in the foreign jurisdiction will then need to be drafted by a lawyer practising there.
Not including this essential clause or incorrectly drafting it is a common pitfall amongst untrained Willwriters – if this is not properly included foreign Wills can be unintentionally revoked or foreign assets may pass in accordance with local intestacy laws.
If you have foreign assets and want advice regarding how your affairs can be dealt with then please do ring a member of our team on 0345 222 0022 / 01234 802391 or email us at: firstname.lastname@example.org.