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

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.

Lecture and workshop materials, Blackboard

Legal Foundations Manual :College of Law Publishing 2009
Barlow King and King Sweet & Maxwell 9th Edition 2008

1. STUDENTS SHOULD, BY ACTING ON THE CLIENTS INSTRUCTIONS, BE ABLE TO IDENTIFY THE CLIENT'S GOALS AND ADVISE THE CLIENT AS TO THE ADVANTAGES AND DISADVANTAGES OF DECIDING THE APPROPRIATE LEGAL ROUTE.
Knowledge & Understanding
Problem Solving

2. STUDENTS SHOULD BE ABLE TO IDENTIFY THE STEPS THAT NEED TO BE TAKEN TO IMPLEMENT THE CLIENTS INSTRUCTIONS, TAKE APPROPRIATE STEPS TO RESOLVE THE DIFFICULTIES THAT HAVE BEEN IDENTIFIED AND ADVISE ON THE PROCEDURES REQUIRED TO DRAFT A WILL, EXECUTE A POWER OF ATTORNEY AND CREATE A TRUST.
Analysis
Application
Enquiry

3. STUDENTS SHOULD BE ABLE TO APPRECIATE THE IMPLICATIONS OF INHERITANCE TAX, CAPITAL GAINS TAX AND INCOME TAX AND DEMONSTRATE AND UNDERSTANDING OF THE TAXATION REGIME WHEN ADVISING CLIENTS ON THE PRINCIPLES OF ESTATE PLANNING TAKING INTO ACCOUNT THE CLIENTS' CIRCUMSTANCES AND INSTRUCTIONS AND IDENTIFY THE PROCEDURES MOST SUITABLE TO ACHIEVE THE AIMS OF THE CLIENT.
Knowledge & Understanding
Problem Solving
Reflection

4. STUDENTS SHOULD BE ABLE TO DEMONSTRATE THE ABILITY TO CONDUCT EFFECTIVE RESEARCH ON BEHALF OF THE CLIENT, APPLY THE APPROPRIATE SOLUTION TO THE CLIENT'S GOALS AND PROVIDE A CLEAR EXPLANATION TO THE CLIENT, BOTH WRITTEN AND ORAL.
Analysis
Communication
Enquiry
Learning

5. STUDENTS SHOULD BE ABLE TO DEMONSTRATE AN UNDERSTANDING OF THE PRINCIPLES OF THE ADMINISTRATION OF AN ESTATE, THE COMPLETION OF THE PROBATE PAPERS INCLUDING THE MAIN OATH FORMS AND HAVE THE AWARENESS OF AND ABILITY TO COMPLETE THE RELEVANT IHT FORMS. Knowledge & Understanding

100% weighting

Assessed as part of one 1 hour 30 minute written assessment

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.