Podcast Location:
Download it here [file size: 33.4 MB]
Part of:
Private Client Wills & Probate Bundle - Spring 2012 CPD Training Bundle
Categories:
Wills, Inheritance & Succession
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at private client lawyers and aims to explore the nature of the solicitor’s duties in a death-bed will situation and in particular in relation to the time taken in carrying out the retainer. I also aims to discuss issues that arise around due execution where the testator is mentally or physically infirm and deals with issues around capacity which can present themselves in the context of wills and other transactions executed on the death-bed.

Outcomes:
After completing the course you will:
  • Understand what considerations a solicitor should have in mind – both legal and professional - when instructed to execute a will by a client who close to death;
  • Be aware of the difficulties that can arise in a period of delay between receiving instructions and executing the will;
  • Be aware of the relevant law on how long is ‘too long’ and the relevance of what a solicitor is expected to know about their client’s condition;
  • Be aware of the practical difficulties of advising and supervising the execution requirements of a valid will;
  • Understand what is required for an infirm testator to ‘direct’ another to execute the will on their behalf;
  • Understand the applicability of the ‘Golden by tactless rule’ to death-bed wills, particularly in cases of extreme urgency;
  • Be aware of the rule in Parker v Felgate to death-bed wills cases.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Barrett v Bem [2012] EWCA Civ 52;
  • White v Jones [1995] 2 A.C. 207;
  • Inheritance (Provision for Family and Dependants) Act 1975;
  • Wills Act 1837 s9;
  • Hooper v Fynmores [2002] Lloyd’s Rep PN 18;
  • X v Woollcombe Yonge [2001] W.T.L.R. 301;
  • Cancer Research v Ernest Brown [1998] P.N.L.R. 592;
  • Estherhuizen v Allied Dunbar [1998] 2 FLR 668;
  • Gray v Richards Butler [2000] WTLR 143;
  • Carradine Properties v Freeman (1985) 1 PN 41;
  • Clancy v Clancy [2003] W.T.L.R. 1097;
  • Parker v Felgate (1883) 8 PD 171;
  • Banks v Goodfellow (1870) LR 5 QB 549;
  • Perrins v Holland [2011] Ch 270;
  • Singellos v Singellos [2011] Ch 324;
  • Key v Key [2010] 1 WLR 2020;
  • Wharton v Bancroft [2011] EWHC 3250 (Ch).
Tags:

This podcast on wills with chancery barrister Will East of 5 Stone Buildings addresses the practical and professional difficulties a solicitor may experience if instructed to assist a client to execute a will where the client may be close to death. It explores the tension between fulfilling the complex legal requirements as to execution and capacity and acting quickly to fulfil a client’s wishes.

Podcast added 18/04/2012

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