Wills, Probate and Administration

Wills, Probate and Administration

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Wills, Intestacy & Family Provision and Succession units are also available as a single unit certifcate from our Higher Certificate in Paralegal Studies qualification. The Higher Certificate is for legal staff with no formal training and students new to paralegal work.

Wills

Taking Instructions: The testator's property, planning the will, tax considerations

Requirements of a valid Will: capacity, intention, formalities, witnesses, codicils, alterations

Revocation: mutual wills, methods

Functions and scope of a Will

Form: basic structure use of forms and precedents

Contents: commencement, revocation clauses, disposal of body, Gifts, bequests, legacies and devises, residue, appointment of Executors, Trustees and Guardians, administrative provisions

Failure of Bequests: ademption, lapse, contingency, divorce, uncertainty, disclaimer, abatement, perpetuity, accumulation

Family Provision: Inheritance (Provision of Family & Dependants) Act 1975, Bringing a claim , orders and their effect , anti-avoidance

Intestacy: Order of entitlement, Surviving spouse, Issue, Partial Intestacy, Inheritance taxs.184 LPA 1925

Probate & Administration

Practice and Procedure: Receiving instructions, necessity for a Grant, application for a Grant, post-death variations, disclaimers, Oaths, Effect of Grants, Limited Grants, chain of representation, Grants de bonis non, caveats and citations, Probate in Solemn Form

Administering the Estate: Duties of Personal Representatives, P.R's administrative powers, collection of assets, funeral and testamentary expenses, Protection against claims, distribution of the estate , completing the administration, accounting for the distribution

Post death variations and disclaimers

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements