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:
  • 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 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 Difficulty: 3 of 5
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.
Tags:

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

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