Private Client Case Report - Spring 2012
- Podcast Location:
- Download it here [file size: 34 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:
- a) £69+VAT for this CPDcast only
- b) £325+VAT for unlimited access to all of our podcasts. details »
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- 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 those interested in wills, trusts and Court of Protection work. The podcast explores a number of recent decisions and including a recent Variation of Trusts Act 1958 case which flags up some key dos and don’ts in applications. This is following by a series of wills cases involving challenges based on due execution, want of knowledge and approval and undue influence. The podcast aims to conclude with a recent Court of Protection decision on costs which practitioners may find helpful.
- Outcomes:
- After completing the course you will:
- Be aware of the potential difficulties one might encounter when making an application to vary the terms of a trust;
- Know what steps are usually sufficient to fulfil the petition requirements in a name and arms clause;
- Be aware of the perils for testators and their solicitors when preparing mirror wills;
- Know when it can be said that a testator has knowledge and approval of their will;
- Be aware of the dangers in pleading undue influence in will challenges;
- Be aware of some flexibility in the ‘Golden Rule’;
- Understand the cost dangers in ‘overdosing’ arguments about capacity with expert evidence.
- Level:
- Intermediate
- Classification:
-
Case Update
- Sources and References:
-
- Wright v Gater [2011] EWHC 2881 (Ch);
- Barrett v Bem [2012] EWCA (Civ) 52;
- Howard v Howard-Lawson [2012] EWCA Civ 6;
- Wharton v Bancroft [2011] EWHC (Ch) 3250;
- Re T’s Settlement Trusts [1964] Ch 158;
- Administration of Justice Act 1982 s 20;
- Marley v Rawlings [2012] EWCA Civ 61;
- D v R & S [2010] EWHC 3748 (COP);
- Huck v Robson [2002] EWCA Civ 398;
- CPR Rule 36.14;
- Court of Protection Rules 2007 Rule 159.
This podcast reviews a series of recent cases likely to be of interest to private client lawyers touching on variation of trusts, a recent series of contentious probate claims and costs in the Court of Protection.
Podcast added: 04/05/2012
