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.
Prof. Lesley King is an excellent speaker. She is very interestng and is clearly passionate about what she does.
Good quality presentation from a very knowlegeable presenter.
Excellent, practical advice and very useful precedents.
Lesley King remains the most effective lecturer in her field. Unparalleled in her knowledge and her ability to explain her subject. A very useful and compelling course.
Fantastic couse. Really helpful and insightful.
Fantastic! Well worth the money and effort!
I felt the course covered a great deal of content and Lesley was very entertaining when delivering the material.
Excellent presentation, very good speaker.
A Fantastic course. I have learnt such a lot. Very informative and my confidence has improved vastly.
An excellent, detailed course. Well presented and engaging.
This was a very well presented, comprehensive course which I would recommend to other colleagues.
Exceptiona delivery of a pretty "dry" subject area - Gained a wealth of valuable information.
First class presentation, made everything easy to understand
Great speaker, good content
very informative and helpful - thank you
Really good course - quite advanced and detailed so not nec for beginners
An excellent day's training. Lesley King was a very natural and knowledgeable speaker who kept her audience captive
Professor King was, as ever, quite excellent in terms of content and delivery
Lesley King is brilliant. She provides helpful explanations and examples
Lesley was excellent and I would recommend the course to others.
Lesley King is a fantastic speaker.
Excellent, relevant and interesting course.
A great overview.
Very informative and explained clearly.
This is one of the best courses I have attended to date. The course actually covered more than I expected which is always a positive thing.
Great and very informative.
A comprehensive masterclass in will drafting covering essentials and updates. Excellently presented in a relaxed but very informative style.
I've come from Suffolk to listen to Lesley King and I would travel further as she is excellent!
Excellent speaker. Interactive and very knowledgeable.
The presenter was fantastic, knowledgeable and clear.
Excellent course. Lesley King was extremely helpful. Very informative course, would highly recommend.
Practical and clear. Lesley King is a knowledgeable and engaging speaker.
Very good overview. Clear and concise explanations.
Very informative. Speaker was approachable.
Professor Lesley King always presents complicated technical points in a digestible way!
Lesley's delivery and knowledge was excellent.
Very knowledgeable and engaging speaker.
Really interesting and useful course. Great delivery from a very knowledgeable tutor.
I have attended a number of CLT courses on private client including the Certificate in Wills and this course complements that course. It is really practical.