LA0704 - PROBATE AND ADMINISTRATION OF ESTATES LPC FULL TIME

Students are provided with a full set of lecture materials.

Wills, Administration and Taxation Barlow King and King
Wills Probate and Administration Service Butterworths

1. Wills
(a) formal validity of wills and codicils
(b) identification of property which can pass by will
(c) capacity of testator
(d) execution of wills
(e) revocation of wills, alteration and rectification.

2. Intestacy Rules
The distribution of an estate following a total intestacy and partial intestacy.

3. Grants of Representation
(a) the necessity for a grant and its effect
(b) the main types of grant-probate, letters of administration and letters of administration with the will
(c) role of the personal representatives.

4. Application for a Grant of Representation.
(a) main types of oath- for executors, administrators and administrators with the will
(b) procedure to obtain grant, swearing of oath and documentation required
(c) need for additional evidence to satisfy Probate Court.

5. Valuation of an estate
(a) ascertainment of value of assets
(b) Inland Revenue requirements- Return of Estate Information (IHT 205) or Inland Revenue Account (IHT 200)
(c) Principles of inheritance tax and calculation of tax, including payment by instalments
(d) corrective accounts.

6. Post-Grant practice
(a) Trustee Act section 27 advertisements
(b) collection and realisation of assets
(c) payment of debts
(d) distribution of the estate, including payment of pecuniary legacies, ascertaining the residuary estate, trust arrangements for minors and assents of land
(e) preparation of estate accounts.



7. Claims against an estate
(a) Potential claims under the Inheritance Family and Dependants Act 1975
(b) Post mortem variation of estates.

The aim of this course is to provide students with:

(a) an understanding of the validity of wills.
(b) an appreciation of the rules of intestacy.
(c) a general overview of the practice and procedure of obtaining grants of representation.
(d) an awareness of the requirements of the Inland Revenue.
(e) a general overview of the practice and procedure involved in the administration of an estate.
(f) an indication of the potential claims against an estate and methods of post death variation.

to achieve a general overview of the practice and procedure in this reserved area of practice.
to develop an awareness of succession issues.
to draft an effective simple will.
to draft a basic oath for executors.
to complete Inland Revenue IHT forms.

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