The Validity of Wills

Podcast Location:: Download it here [file size: 22.9 MB]
Law Categories:: Private Client: Wills, Trusts and Probate
CPD Points:: Up to one 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 / ILEX:
Listen and pass the test: Gain 1 accredited CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the test, gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:: Standard rate: £25 - Corporate users will pay less.

Winter Offer: Download this CPDcast FREE!

Length:

30 minutes of audio
(+ optional 5 minute accreditation test)

Streaming Audio:

Yes Downloadable as MP3: Yes

Contributor(s):

Penelope Reed

Course Aims:

This podcast is aimed at those practising in wills and probate or with an interest in the area. It is suitable for practitioners of all levels to provide an update of recent cases and developments in the area.

Outcomes:

After completing the course you will:

Have learnt about the main principles in challenging the validity of a will;
Have received an update of relevant recent cases in the area;
Have received practical advice on steps to take when drafting a will to protect it against attack.

Accredited CPD Time:

30 minutes

Level:

Intermediate

Sources and References:

Wills Act 1837;
Mental Capacity Act 2005;
Sherrington v Sherrington [2005] WTLR 587;
Banks v Goodfellow (1870) LR 5 QB 549 at 565;
Parker v Felgate (1883) 8 P.D. 171;
Clancy v Clancy [2003] WTLR 1097;
Re Simpson (1977) 121 Sol Jo 224, better recorded at (1977) 127 NLJ 487;
Re Morris, Special Trustees of the Great Ormond Street Hospital v Rushin [2001] WTLR 1137;
Knox v Till [2000] Lloyd’s Rep PN 49;
Public Trustee v Till (2000) unreported, High Court in Auckland;
Ryan v Public Trustee [2000] 1 NZLR 700;
Worby v Rosser [1999] Lloyd’s Rep. PN 972;
Sharp v Adam [2006] EWCA Civ 449; [2006] WTLR 1059;
Kostic v Chapman [2007] EWHC 2298;
Jones v Jones [2006] WTLR 1847;
Barry v Butlin (1838) 11 Moo PC 480 at p. 483 per Parke B;
Fuller v Strum [2002] 1 WLR 1097;
Wintle v Nye [1959] 1 WLR 284, at page 291;
Franks v Sinclair [2007] WTLR 785;
Hall v Hall (1868) LR 1 P & D 481;
Killick v Pountney 1999 unreported Munby J;
Re Edwards [2007] EWHC 1119;
(Ch) Supple v Pender [2007] EWHC 829.

In this podcast, Penelope Reed, a barrister specialising in contentious probate claims, is interviewed about the recent developments in challenging the validity of wills. The five main ways of challenging the validity of a will are discussed: lack of due execution; lack of testamentary capacity; want of knowledge and approval; undue influence; and, forgery. The podcast provides an interesting examination of this area as well as an update to practitioners.

Podcast Added: 12/6/2008

Download this CPDcast