Podcast Location:
Download it here [file size: 25.5 MB]
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 aims to examine the factors that have lead to the growth in contentious probate litigation in recent years. It also aims to examine the various aspects of executing a will and how they can be challenged, looking at due execution, knowledge and approval, capacity, fraud and undue influence. The focus of the podcast will be to examine how the process for executing an internet will compares with a more traditional set-up where a solicitor had direct involvement and oversight.

Outcomes:
After completing the course you will:
  • Understand the factors that have lead to the growth in contested probate claims in the last 5-10 years;
  • Understand what issues a contested probate claims raise for wills prepared by solicitors in terms of good file management;
  • Be aware the common grounds on which a will might be challenged;
  • Understand the points of contrast between the preparation of a will by a solicitor and preparation using an internet service;
  • Be aware of the indicators of good practice when it comes to drawing up a will and how those practices could be applied to internet service providers.
Level:
General Interest Difficulty: 2 of 5
Classification:
Panel Discussion
Practical Guide
Sources and References:
  • Hoff v Atherton [2004] EWCA Civ 1554;
  • Banks v Goodfellow (1870) LR 5 QB 54;
  • Sherrington v Sherrington [2005] EWCA Civ 326;
  • Channon v Perkins [2006] [2005] EWCA Civ 1808;
  • Griffin v Wood [2008] WTLR 73;
  • Kentfield v Wright [2010] EWHC 1607 (Ch);
  • Key and Anor v Key and Anor [2010] EWHC 408 (Ch);
  • Parker v Felgate (1883) LR 8 PD 171;
  • Perrins v Holland and Ors [2010] EWCA Civ 840;
  • Wills Act 1834 s9.
Tags:

In this podcast, barristers Elspeth Talbot Rice QC and Bajul Shah discuss the potential to challenge a will drafted using an internet based service provider

Podcast added: 21/1/11

Podcast last reviewed: 2011-06-27

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