Module Descriptors
WILLS AND ADMINISTRATION OF ESTATES (assessed within the context of writing skills)
LAWS70667
Key Facts
Health, Education, Policing and Sciences
Level 7
1 credits
Contact
Leader: Rachael Stretch
Email: Rachael.Stretch@staffs.ac.uk
Hours of Study
Scheduled Learning and Teaching Activities: 0
Independent Study Hours: 0
Total Learning Hours: 0
Pattern of Delivery
- Occurrence B, Stoke Campus, PG Semester 1 to PG Semester 2
Sites
- Stoke Campus
Assessment
- 1.5 HOUR WRITTEN ASSESSMENT weighted at 100%
Module Details
Module Indicative Content
The Wills and Administration of Estates course is divided into 3 main areas as follows:
1. Pre-grant practice in which you will study the following elements:
1. validity, revocation and alteration of wills and codicils
2. effective destruction of wills
3. mistake in relation to the drafting of a will
4. total and partial intestacy
5. identification of property passing by will, intestacy or outside of the estate
6. valuation of assets and liabilities and the taxable estate.
7. The basic requirements of will drafting including the appointment of executors, legacies, the residuary estate and the extension of trustees and administrators powers
8. Issues that can be dealt with before obtaining a grant of representation
9. The relevance of related law in particular the Inheritance(Provision for Family and Dependants) Act 1975
2. Application for a grant of representation in which you will study the following elements:
1. the necessity for and main types of a grant
2. the powers and duties of personal representatives and their protection
3. the main types of oath for executors or administrators and the drafting of these
4. the documentation needed to obtain a grant of representation
5. Professional conduct issues relating to the client
3 Post-grant practice in which you will study the following elements:
1. collection and realisation of assets, and claims on the estate
2. Statutory powers available to the personal representatives in relation to the administration of an estate, the administration of a trust and the extensions to those powers
3. raising funds and the payment of inheritance tax and debts
4. pecuniary legacies, vesting of gifted property in the beneficiaries entitled and distribution of the residuary estate.
5. drawing up estate accounts
1. Pre-grant practice in which you will study the following elements:
1. validity, revocation and alteration of wills and codicils
2. effective destruction of wills
3. mistake in relation to the drafting of a will
4. total and partial intestacy
5. identification of property passing by will, intestacy or outside of the estate
6. valuation of assets and liabilities and the taxable estate.
7. The basic requirements of will drafting including the appointment of executors, legacies, the residuary estate and the extension of trustees and administrators powers
8. Issues that can be dealt with before obtaining a grant of representation
9. The relevance of related law in particular the Inheritance(Provision for Family and Dependants) Act 1975
2. Application for a grant of representation in which you will study the following elements:
1. the necessity for and main types of a grant
2. the powers and duties of personal representatives and their protection
3. the main types of oath for executors or administrators and the drafting of these
4. the documentation needed to obtain a grant of representation
5. Professional conduct issues relating to the client
3 Post-grant practice in which you will study the following elements:
1. collection and realisation of assets, and claims on the estate
2. Statutory powers available to the personal representatives in relation to the administration of an estate, the administration of a trust and the extensions to those powers
3. raising funds and the payment of inheritance tax and debts
4. pecuniary legacies, vesting of gifted property in the beneficiaries entitled and distribution of the residuary estate.
5. drawing up estate accounts
Module Learning Strategies
Wills and Administration of Estates is taught within six 2 hour whole group sessions which are a combination of lectures and individual/small group work. Additionally, there is work to be completed via on-line activities.
Module Resources
Lecture and workshop materials, Blackboard
Module Texts
Legal Foundations Manual :College of Law Publishing 2009
Barlow King and King Sweet & Maxwell 9th Edition 2008
Barlow King and King Sweet & Maxwell 9th Edition 2008
Module Additional Assessment Details
100% Weighting
Assessed as part of one 1 hour 30 minute written assessment.
Assessed as part of one 1 hour 30 minute written assessment.
Web Descriptor
A fundamental area of law for legal professionals: how to prepare a Will and deal with an estate is taught and assessed on this course.