DEED OF FAMILY ARRANGEMENT ADOPTING AN UNATTESTED WILL 

 

THIS DEED OF FAMILY ARRANGEMENT is made the _______ day of _______ between ______________ (widow) of (address, etc.) (hereinafter called the widow) of the FIRST PART.

________________________ (names and addresses, etc., of all the issue) (hereinafter collectively called the issue) of the SECOND PARTY

 

AND

 __________________________ (names and addresses, etc., of trustees mentioned in draft will) (hereinafter called the trustees) of the THIRD PART.

 

WHEREAS:

 

1.      (Intestate) late of (address, etc.) (hereinafter called the intestate) died intestate on the ________ day of ______ leaving the widow his widow and the issue his only issue him surviving and leaving no other person entitled in distribution on his intestacy and letters of administration to his estate were granted to the widow {and (co-administrator)}on the _______ day of _____ out of the _____ Court at ______.

2.       Since the death of the intestate a document a copy whereof is set out in the Schedule hereto (hereinafter called the draft) dated the _______ day of _______ signed by the intestate and purporting to be his will has been discovered amongst his papers but the signature of the intestate to the draft has not been attested.

3.      The parties hereto being of opinion that the last wishes of the intestate are expressed in the draft are desirous of giving full effect thereto in manner hereinafter appearing.

4.      By the draft the intestate purported to appoint the trustees to be the trustees thereof for the purposes therein appearing.

          NOW THIS DEED WITNESSETH as follows:

1.      Full effect shall be given to all the terms of the draft of the intestate as though the same were actually the last will of the intestate duly executed and attested and had been admitted to probate.

2.      Neither the widow nor any of the issue shall make any claim to any part of the estate or effects of the intestate as being his widow or issue or otherwise than in accordance with the terms of the draft.

3.      The widow {and the said (co-administrator)} shall stand possessed of the entire estate of the intestate now vested in her (or them) as his personal representatives upon trust to divide or otherwise deal with the same in accordance with the terms of the draft and in particular shall assent to the vesting in the trustees of the property purported to be devised and bequeathed to them by the draft to be held by them upon the trusts for sale and conversion and otherwise and with the powers therein declared concerning the same respectively.

4.      All parties hereto shall execute and do all such deeds and things as may be necessary or expedient for more effectually carrying out the objects of this deed.

 

                                                  

                                                       SCHEDULE

 

 

IN WITNESS etc.

 

 

 

                                                                                             

 

                                                                                            (Signatures of all parties)