LAW2021 Online: Wills and Probate (Summer)

This event was launched on 5th July and is now available as a recording that includes:

• High quality 4 x 1 hour pre-recorded videos and audio broadcast (topic titles are listed below)
• Q&A – a recording of the live 1-hour 'Shape the Debate' session with our speakers that took place in August. This is your opportunity to hear our experts answering attendee questions on both the pre-recorded content and general day to day Probate issues
• LAW2021 Online: Wills and Probate online exhibition – you can gain an additional hour of CPD via a choice of webinar from our Webinar Learning Library worth £35 +VAT.

TOPICS INCLUDE:

Common Errors and Negligence in Will Drafting
Presented by James Beresford

This is a practical session that will cover:

• A background to the case law regarding negligence in Will writing
• A review of the issues to be aware of including Under Influence and Mental Capacity
• The common areas where errors arise
• Practical safeguards to put in place

The Removal of Personal Representatives
Presented by James Beresford

This is a practical session that will provide a grounding in the steps that have to be taken to remove a personal representative including:

• The appropriate legislation
• Key Case law
• Professional executorships
• Practical suggestions on what to do if a client wishes to appoint your firm as an executor
• Best practice if you are asked to renounce by the deceased’s family

Drafting Wills for Cohabitants
Presented by Professor Lesley King

There is often a tension between the wish to provide the cohabitee with a right of occupation for at least a limited period and the wish to pass assets on to the children of the testator. The problem is particularly acute where IHT is an issue and the testator wishes to preserve the residence nil rate band. There is also the possibility of Inheritance Act claims.

The sessions will look at the following:

• What about the residence nil rate band?
• Rights of occupation and life interest trusts: what is the difference?

- Position of beneficiary

- IHT

- Drafting

• Allowing the cohabitee to reside while preserving the nil rate band

- Is it possible?

- What about the residence nil rate

Statutory Wills and Gifts by Attorneys and Deputies
Presented by Professor Lesley King

Private client practitioners increasingly have to advise family members on the possibility of a statutory will or lifetime gifts. This session will look at what the Mental Capacity Act 2005 and the Court of Protection requires in each case.

• General points on applications
• Applications for statutory wills (including case studies)
• Applications for lifetime gifts (including a case study)
• Ademption: points to bear in mind