LAW2020 Online: Wills and Probate (Winter)

Covid-19 introduced particular problems for those preparing wills but they were really more extreme examples of the difficulties that always exist in relation to taking instructions, assessing capacity, spotting undue influence and making sure that wills are properly executed.

This webinar will look at good practice and will compare and contrast the two recent cases of Coles v Reynolds and Wales v Dixon to see what lessons can be learned.

In particular, it will consider:

• Taking instructions
• When medical reports should be considered
• Precautions when executing
• Virtual execution

Objectives

After this webinar you will be able to:

• take appropriate steps to minimise the chances of successful challenge to wills you have
  prepared;
• advise a client on virtual execution;
• implement good practice when taking instructions.

Charities are to some extent ‘professional’ beneficiaries. Legacy officers are often knowledgeable, particularly about matters of direct concern to charities and will notice if you make a mistake. There are particular pitfalls when drafting charitable legacies and when administering estates containing gifts to charities.

This webinar will consider:

• Initial checks before drafting
• Drafting pitfalls
• · The extent of the IHT charity exemption after the Supreme Court decision in Routier v RCC
• How much passes under a gift of an amount equal to the deceased’s nil rate band?
• The reduced rate of IHT
• Calculation of IHT when an estate is partly exempt
• CGT and charities: how to avoid unnecessary tax
• Appropriation traps

Objectives

After this webinar you will be able to:

• make appropriate initial checks
• draft charitable legacies
• identify IHT issues
• take appropriate steps to minimise CGT

These two webinars will highlight various aspects of administering an estate which may cause practitioners difficulties. Various aspects will be considered including:

• Sale of assets.
• Payment of debts – solvent estates.
• Payment of debts – insolvent estates.
• Expenses .
• Income tax.
• Death estate - Income tax.
• Capital gains tax.
• Protection of the personal representatives.
• Completion of the administration.
• Gifts to children.
• Deceased beneficiaries.
• Inheritance and Trustee Powers Act 2014.

In part 2 of this session we will cover:

• Receipt and discharge.
• Bankruptcy search.
• Transferring the assets.
• Capital gains tax.
• Is an increase in value subject to CGT or IHT?
• Family home and post death planning for CGT.
• Ademption of specific gifts.
• Construction of wills.
• Duties of PRs.
• Two year discretionary trust.
• RNRB .
• Election.
• Portions.