If you have a will, there is a high chance that they will include mention of the ‘STEP Standard Provisions’. But what does this mean?

The STEP Standard Provisions are a set of ready-made clauses that can be inserted into a will. These clauses provide protections and powers that enable the executors or trustees to effectively deal with the estate.

Since they were first published in 1992, the STEP Standard Provisions have become an important element in the drafting of wills, with will drafters incorporating them into countless wills and settlements.

Please note that this article refers to the England and Wales STEP Standard Provisions. There are separate Provisions that cover the law of Northern Ireland.

What is the benefit of the STEP Standard Provisions?

The STEP Standard Provisions give the executors of the will a number of technical and routine provisions and powers to help them to administer the estate properly. They are written in non-technical language, avoiding legal jargon, so they are easy to understand.

Why is this relevant to me?

Your will is an important document that sets out what should happen when you die. A well-written will can provide peace of mind that your loved ones will be provided for after you’ve gone. With such an important document, it is essential that you fully understand everything contained within it.

What are the different versions?

The England and Wales STEP Standard Provisions were first published in 1992. Since then, STEP has published two new editions: the Second Edition in 2011 and the Third Edition in November 2023. The new editions recognise changes in law.

What changed in the Third Edition?

Trust and will legislation has changed since the publication of the Second Edition in 2011, so the STEP Standard Provisions needed to be updated and modernised.

The most significant amendment is the standardisation of the clauses on trust corporations, which take into account wording from the terms and conditions of trust corporations.

Do I need to change my will if they refer to an older edition?

No, you don’t need to change your will if it refers to the First or Second Edition. These editions still remain valid. You should, however, review your will periodically to make sure it remains up to date. When you do this, the edition can be updated accordingly.

How do I know if the STEP Standard Provisions have been used in my will?

If your will includes the STEP Standard Provisions, there will be a statement included as follows (or similar):

‘The Standard Provisions of the Society of Trust and Estate Practitioners (XXX Edition) shall apply’.

If any of the ‘Special Provisions’ are also included, this will be clearly stated, noting which apply.

A qualified will drafting professional should explain the STEP Standard Provisions when they draft your will. If your will includes any of the Special Provisions, each of these should be explained to you so you understand what is included and why. You can ask your will drafter for a copy of the STEP Standard Provisions when you make your will. Alternatively you can find these at www.step.org/step-standard-provisions

Who should I speak to about making/updating my will?

It is essential to think carefully about who you choose to write your will. Although anyone can write a will, there are some factors you can check that your will writer has to give you peace of mind. These include:

• Specialist accreditations: are they a member of STEP (a full member can use the letters ‘TEP’ after their name) or a another reputable specialist body?
• Qualifications: Do they hold any specialist qualifications such as STEP’s Advanced Certificate in Will Preparation or the STEP Diploma?
• Have they told you who regulates them and which relevant professional bodies they are members of? Are they signed up to an ethical code?
• How much experience do they have in this specialist area?
• Insurance: Do they have professional indemnity insurance (PII)?
• Terms of Business: Have they given you a contract that sets out the service they will provide for you? Are the costs transparent?
• Complaints: Have they told you who you can complain to if something goes wrong?

You can search for a STEP member here.