Session 1: Taking instructions - what do you need to know?
1. Details of property owned * Is severance of joint tenancy required? * Are there any third party rights? * Land: constructive/resulting trusts: Stack v Dowden, Jones v Kernott, Gallarotti v Sebastianelli, Quaintance v Tandan * Proprietary estoppel: Gillett v Holt, Jennings v Rice, Campbell v Griffin, Grundy v Ottey, Uglow v Uglow, Thorner v Majors, Macdonald and Brannigan v Frost, Suggitt v Suggitt. * Bank accounts: Sillett v Meek, Aroso v Coutts (Aroso v Coutts, Drakeford v Cotton and Sillars v IRC) * IIs there any possibility of BPR/APR?
2. Details of family and dependants * Is there a spouse, civil partner or cohabitee? * Are there children? * Are any beneficiaries minors? * Is there a possible claim under I(PFD)A 1975? * Does client want advice on minimising chances of a successful claim?
3. Any reason to question capacity/consider undue influence? * Should you see earlier wills? Kenward v Adams, Charles v Fraser. * What about the golden rule? Key v Key, Wharton v Bancroft and Others. What is undue influence: Hubbard v Scott?Liability for costs?
Session 2: Planning the will
1. Spouses and children * Advantages and disadvantages of using the transferable nil band * Discretionary trusts and IHTA 1984, s144 * Flexible life interest * Holding the balance
2. Cohabitees and children * Lack of spouse exemption
3. Using pilot trusts? * Opportunities * Pitfalls
4. Property eligible for BPR * Maximising relief * IHTA 1984, s39A * The double dip * Nil rate band legacies and s39A * Discretionary trusts
5. Are mutual wills ever a good idea?
Session 3: Will drafting
1. Topping * Revocation and foreign wills * Will in expectation of marriage/formation of civil partnership
2. Tailing * Signature on behalf of testator * Special attestation clauses
3. People * Executors and Trustees * Partners in firm * Charging clauses * IHTA 1984, s144 problems * Exemption clauses * Self dealing * Guardians
4. Beneficiaries * Implied rules: adoption, legitimacy, assisted reproduction, civil partnership, same sex marriages * Wills Act 1837, s33: Ling v Ling, Rainbird v Smith * Survivorship clauses * Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 * Charities * Obligations in relation to charities * Errors in identification * Charities Act 2011, s 311 * Berry and another v IBS-STL Ltd * Ceasing to exist: Re ARMS (Multiple Sclerosis Research) Ltd * Express clauses
5. Non-residuary gifts * Burden of IHT * Express clauses * Pecuniary Legacies * Nil rate band formula clauses * Receipts for minors * Contingent gifts: intermediate income * Implied rules * Express clauses
6. Specific Legacies * Personal chattels * Expenses of transfer * Intermediate income * IHTA 1984, s143
7. Residuary gifts * Division * Partly exempt transfers: IHTA 1984, s41
8. Reduced rate for charities * Formula clauses
9. Administrative Provisions * Capital and Income: Trusts (Capital and Income) Act 2013 * Inheritance and Trustees’ Powers Bill * STEP Standard Provisions
Very informative. Lesley is very knowledgeable and explains everything clearly.
As always a course delivered by Professor Lesley King, will be received and remembered. An excellent professor!
Incredibly informative and useful.
Very good course and the speaker was excellent. Thank you!
Exactly as it says "on the tin" and a knowledgable and engaging presenter.
Thank you very much. This was the best course I have been on. Professor King is head and shoulders above any other lecturers. I have learned such a lot, thank you.
Excellent course with a lot of content covered in one day - really enjoyed it, fantastic lecturer.
Thoroughly enjoyable course and excellent content, speaker and materials.