module specification

This module focuses on advising the private client in respect of wills, probate and the administration of estates.

This module aims to equip students to act as a trainee solicitor for private clients in respect of wills, probate and the administration of estates.

Wills
Powers of Attorney
Trusts
Estate Planning

8 one-hour tutor led sessions and 8 two-hour student led sessions. The tutor led sessions are one week ahead of the student led sessions to allow students time for reflection. Students are required to test their preparation for each student led session by completing short answer/ multiple-choice questions on WebLearn in advance of the session.

At the end of an elective, successful students, under appropriate supervision, should be able in the context of private client law and practice to:

1. demonstrate their knowledge and understanding and employ the applicable skills in private client law and practice
2. use the legal knowledge, skills, procedures and behaviours appropriate to each private client and each transaction or matter
3. identify the overall nature of the private client transaction, then plan and progress that transaction or matter through a series of steps and decisions including, where appropriate, drafting documentation
4. identify the private client's goals and alternative means of achieving those goals, and deal appropriately with client care
5. investigate and identify the relevant facts, research and identify the relevant legal issues, and advise the client on the legal consequences
6. recognise and act within the rules of professional conduct
7. identify the client’s reasonable expectations as to quality and timeliness of service
8. have developed a deeper and broader knowledge of probate and the administration of estates
9. reflect on their learning and identify their learning needs.

Element 1 – Wills
Students should be able to:

1. take instructions for and  identify and amend a suitable wills precedent to reflect testamentary wishes and deal practically with total and partial revocation of wills
2. identify and advise on testamentary capacity, knowledge and approval and undue influence, certainty as to beneficiaries, property and the class closing rules
3. understand the tax and practical consequences of disposition though will and intestacy

Element 2 – Powers of Attorney
Students should be able to:

1. take instructions for and draft an appropriate power of attorney and understand the consequences of lack of capacity
2. understand the purpose and scope of the Office of the Public Guardian and be able to register a power of attorney

Element 3 – Trusts
Students should be able to:

1. 1. take instructions for and identify and amend a suitable precedent for a settlement
2. 2. draft a deed of appointment or advancement
3. 3. understand the tax consequences of creating and managing settlements

Element 4 – Estate Planning
Students should be able to:

1. understand basic tax planning by fully considering the clients' circumstances
2. advise on the practical consequences of tax planning
3. advise on the practical and tax consequences of exercising a post mortem deed of variation or disclaimer
4. draft a basic post mortem deed

The assessment is an open book exam with advance disclosure of documents and is of a transactional nature. This form of assessment is designed to replicate practice and enable students to demonstrate the application of legal principles in a realistic, practical context.

CLP course manual