AN OVERVIEW OF WILL DRAFTING
Validity, Interpretation & Problem Areas

Will drafting is an ever changing area of law due to the complexities of tax, second marriages and interpretation by the courts. It is important to understand not only how to draft a will but how the law is applied regarding assumed duties and inheritance, revocation, beneficial entitlement and mental capacity.

This course will provide you with a comprehensive introduction to this area. It will discuss the validity of wills and the most common types of will that are drafted today. The course will also give you practical tips on the pitfalls of drafting a will and the common problems practitioners face, providing up to date case law, including when disclosure of a will is necessary.

What You Will Learn

  • Terminology and basic requirements

  • Formal validity

  • Privileged wills

  • Knowledge and approval of contents and Undue influence

  • Incorporation by reference

  • Drafting a will

  • Inheritance tax

  • Standard clauses in a will

  • ‘Simple wills’, Life interest wills, Discretionary trust wills and the 2 year rule

  • Interpreting Clauses in a Will

  • Other types of gift

  • Appointment of trustees

  • The use of STEP provisions and extending/reducing personal representatives’ and trustees’ statutory powers

  • Revocation and Alteration of a Will

  • Alterations to a will

  • Rectification of a will

  • Unknown and missing beneficiaries

  • Survivorship clauses

  • Current Case Law


Typical duration: 1 -2 days
Pricing from £350 per attendee
Delivery: classroom/face to face or Learn Live


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PROBLEM AREAS IN ESTATE ADMINISTRATION

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THE COURT OF PROTECTION - Making an application and acting as professional deputies