Module Descriptors
WILLS AND PROBATE PRACTICE
LAWS51071
Key Facts
Faculty of Business, Education and Law
Level 5
30 credits
Hours of Study
Scheduled Learning and Teaching Activities: 90
Independent Study Hours: 210
Total Learning Hours: 300
Assessment
- PORTFOLIO weighted at 50%
- EXAMINATION - OPEN BOOK EXAMINATION IN EXAMINATION CONDITIONS weighted at 50%
Module Details
Module Texts
ESSENTIAL TEXT: Kerridge, R. Parry and Kerridge: The Law of Succession (12th ed. Sweet and Maxwell London 2009)
Borkowski, A. Textbook on Succession (2nd ed. Oxford University Press 2002)
Iwobi, A. Essential Succession (2nd ed. Cavendish London 2001)
King, L. Probate Practitioner's Handbook (6th ed. Law Society London 2010)
Borkowski, A. Textbook on Succession (2nd ed. Oxford University Press 2002)
Iwobi, A. Essential Succession (2nd ed. Cavendish London 2001)
King, L. Probate Practitioner's Handbook (6th ed. Law Society London 2010)
Module Resources
Access to appropriate texts, legislation and case law.
Module Study Guide.
Moodle materials.
IT facilities
LexisNexis, Westlaw.
Wills Act 1837
Administration of Estates Act 1925
Non-Contentious Probate Rules 1987
http://www.justice.gov.uk/courts/probate
Module Study Guide.
Moodle materials.
IT facilities
LexisNexis, Westlaw.
Wills Act 1837
Administration of Estates Act 1925
Non-Contentious Probate Rules 1987
http://www.justice.gov.uk/courts/probate
Module Additional Assessment Details
1. PORTFOLIO 50%.
Students will draft: a will based on a particular scenario provided; an attendance note on execution of a will in special circumstances; a letter to an executor explaining that a gift in a will has failed; a 'Guide for clients' on revocation of wills; a 'Guide for executors' on the role of personal representative; an Oath for Executor (Learning Outcomes 3-4)
2. OPEN-BOOK TEST 50% (Learning Outcomes 1-2)
Formative
Class discussion and debate will provide opportunities for peer and tutor feedback to guide developing knowledge and understanding and analysis of key concepts. Students will also receive formative feedback from their tutor on assignment plans and mahara material during group and individual tutorials.
Students will draft: a will based on a particular scenario provided; an attendance note on execution of a will in special circumstances; a letter to an executor explaining that a gift in a will has failed; a 'Guide for clients' on revocation of wills; a 'Guide for executors' on the role of personal representative; an Oath for Executor (Learning Outcomes 3-4)
2. OPEN-BOOK TEST 50% (Learning Outcomes 1-2)
Formative
Class discussion and debate will provide opportunities for peer and tutor feedback to guide developing knowledge and understanding and analysis of key concepts. Students will also receive formative feedback from their tutor on assignment plans and mahara material during group and individual tutorials.
Module Learning Strategies
The learning strategy for this module requires students to commit 300 learning hours (including assessment). This will include 90 hours of class contact and 210 hours of independent and self directed study.
The class sessions will be delivered in 1 ¿ hr study blocks, to cover the key aspects of the module content and the type of formative feedback available both through moodle and the module tutor. The summative assessment will also be explained.
Students are expected to regularly engage material on moodle. This will include reading and undertaking additional research and formative exercises to reinforce the learning.
The class sessions will be delivered in 1 ¿ hr study blocks, to cover the key aspects of the module content and the type of formative feedback available both through moodle and the module tutor. The summative assessment will also be explained.
Students are expected to regularly engage material on moodle. This will include reading and undertaking additional research and formative exercises to reinforce the learning.
Module Indicative Content
WILLS AND SUCCESSION
Concept of a will/codicil and requirements for validity
Common clauses in wills
Circumstances in which a will might fail
How can a will be revoked?
Statutory rules on intestacy
Role of personal representatives
Grants of representation
Applications under Inheritance (Provision for Family and Dependants) Act 1975
PROBATE PRACTICE
Risk management in probate practice
Determination of testamentary capacity and intention
Taking instructions for a will, how to draft a will, and execution of a will
Rules of submission of Inheritance tax accounts to HMRC
Grants of probate, and letters of administration
How to administer an estate
Concept of a will/codicil and requirements for validity
Common clauses in wills
Circumstances in which a will might fail
How can a will be revoked?
Statutory rules on intestacy
Role of personal representatives
Grants of representation
Applications under Inheritance (Provision for Family and Dependants) Act 1975
PROBATE PRACTICE
Risk management in probate practice
Determination of testamentary capacity and intention
Taking instructions for a will, how to draft a will, and execution of a will
Rules of submission of Inheritance tax accounts to HMRC
Grants of probate, and letters of administration
How to administer an estate