CILEx Level 6 Unit 14 Law of Wills and Succession
CILEx Level 6 Unit 14 Law of Wills and Succession - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the Law of Wills and Succession. At the end of the course you will have a very broad and deep understanding of the law relating to the passing of property on death in England and Wales.
Who is the course for?
The course is relavant for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- senior legal practitioners and paralegals working in probate departments who have not studied this area of law as part ot their degree, or who wish to refresh their knowledge
- will-writers who are looking for a recognised qualification in will-writing
- anyone who wishes to gain in-depth knowledge of the law relating to inheritance.
We recommend that practitioners should also study CILEx Level 6 Unit 21 Probate Practice which delivers the procedural knowledge and skills required by will-writing and probate practitioners. As an alternative to the Level 6 Wills and Succession course you may also wish to consider our CILEx Level 3 Unit 8 Law of Wills and Succession course which delivers will-writing knowledge for uncomplicated esatates. The Level 3 course is equivalent to A level in standard and might be a good starting point if you have not studied law before.
What qualification will I get?
Success in the course will lead to the award of an ILEX Level 6 Single Subject Certificate in the Law of Wills and Succession which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
As you would expect from a course at this level you wil be taught the sources of law, how to identify the legal issues in a given scenario and what the remedies and defences might be.
Chapter 1: Introduction to the Law of Succession
1.1 Succession
1.2 Technical terms
1.3 Methods of transferring property on death other than by will
1.3.1 Donatio mortis causa
1.3.2 Joint property
1.3.3 Insurance policies
1.3.4 Nominations
1.4 Summary
Chapter 2: The Mind of the Testator
2.1 Introduction
2.2 Capacity to make a will
2.2.1 Age
2.2.2 Mental competence
2.2.2.1 Making a will
2.2.2.2 The extent of his property
2.2.2.3 The moral claims on his generosity
2.2.3 Cases illustrating how mental competence has been assessed in practice
2.2.4 The lucid interval
2.2.5 Insane delusions
2.2.6 The time to apply the test
2.3 The burden of proof and presumptions relating to mental capacity
2.4 Precautions
2.5 Intention to make a will
2.6 Knowledge and approval
2.6.1 Time of knowledge and approval
2.6.2 Burden of proof
2.6.3 Blind, dumb or illiterate testators
2.6.4 Precautions
2.7 Mistake
2.7.1 Mistake as to the whole will
2.7.2 Mistake as to the words used
2.7.3 Mistake by the testator as to part of the will
2.7.4 Mistake by a draftsman as to part of the will
2.7.5 The statutory power to rectify
2.7.6 Rectification in preference to other courses of action
2.8 Force, fear, fraud and undue influence
2.8.1 Force or fear
2.8.2 Fraud
2.8.3 Undue influence
2.8.4 Gifts to solicitors and members of their staff
2.9 Summary
Chapter 3: Formalities for Making a Will
3.1 Introduction
3.2 Formalities in s9 Wills Act 1837
3.3 Analysis of s9: writing
3.3.1 Signed
3.3.2 The position of the signature
3.3.3 Will with more than one page
3.3.4 The “envelope” cases
3.3.5 Signature on the testator’s behalf
3.3.6 The interpretation of s9(b)
3.4 Acknowledgment of signature to witnesses
3.4.1 Meaning of “acknowledgment”
3.4.2 Witnesses
3.4.2.1 “Presence” of witnesses
3.4.2.2 Knowledge required by the witnesses
3.5 Attestation clauses
3.6 The witness as beneficiary
3.7 Summary
Chapter 4: Privileged Wills
4.1 Introduction
4.2 Soldier
4.2.1 “Actual military service”
4.2.2 Application of Re Wingham
4.3 Mariner
4.3.1 “At sea”
4.4 Testamentary intention
4.5 Revocation
4.6 Are privileged wills still needed?
4.7 Summary
Chapter 5: Incorporation by Reference
5.1 Introduction
5.1.1 In existence at the date of execution of the will
5.1.2 Referred to as in existence at the date of the will
5.1.3 Clear identification of the document
5.2 The effect of incorporation
5.3 Summary
Chapter 6: Revocation of Wills
6.1 Introduction
6.2 Express revocation
6.2.1 Lack of knowledge and approval
6.3 Revocation by implication
6.3.1 Failure of the revoking gift
6.3.2 Intention to revoke must be unambiguous
6.4 Revocation by destruction
6.4.1 The act of destruction
6.4.2 Intention
6.5 Presumption as to revocation
6.5.1 Proof of lost or destroyed wills
6.6 Dependent relative revocation
6.7 Revocation by marriage and civil partnership
6.7.1 Wills made in expectation of marriage or civil partnership
6.7.2 Divorce, nullity and dissolution of a civil partnership
6.8 Summary
Chapter 7: Mutual Wills
7.1 Introduction
7.2 The principle of the mutual will
7.2.1 The agreement
7.2.2 When does the trust arise?
7.2.3 What property does the trust affect?
7.2.4 What is the nature of the trust?
7.3 Criticisms of mutual wills
7.4 Summary
Chapter 8: Alterations to Wills
8.1 Introduction
8.2 Alterations and obliterations
8.3 Alterations made before the execution of the will
8.4 Alterations and obliterations made after the execution of the will
8.5 Codicil “republishing” an altered will
8.6 Summary
Chapter 9: Republication and Revival
9.1 Introduction
9.2 Republication
9.3 Revival
9.4 Summary
Chapter 10: Intestacy
10.1 Introduction
10.2 Partial intestacies
10.3 The statutory trust
10.4 Distribution on intestacy
10.4.1 Rights of the surviving spouse or civil partner
10.4.1.1 The statutory legacy and interest in residue
10.4.1.2 Redeeming the life interest
10.4.1.3 The family home
10.4.1.4 Personal chattels
10.4.2 Distribution on intestacy where there is no surviving spouse/civil partner
10.4.3 Disclaimers
10.5 Legitimacy, illegitimacy, adoption
10.6 Reform of the intestacy rules
10.7 Summary
Chapter 11: Family Provision
11.1 Introduction
11.1.1 Domicile
11.2 Locus standi
11.2.1 s1(1)(a) – the wife or husband or civil partner of the deceased
11.2.1.1 Polygamous marriages
11.2.1.2 Void marriages – s25(4)
11.2.1.3 Judicially separated spouses and separated civil partners
11.2.2 s1(1)(b) – a former wife or former husband or former civil partner of the deceased who has not yet remarried or entered into a further civil partnership
11.2.2.1 s1(1)(ba) – a person living in the same household as husband or wife or civil partner
11.2.3 s1(1)(c) – a child of the deceased
11.2.4 s1(1)(d) – person treated as a child of the family
11.2.5 s1(1)(e) – person maintained by the deceased
11.2.5.1 Maintenance of the applicant or making a substantial contribution to his reasonable needs
11.2.5.2 Immediately before death
11.2.5.3 Maintenance not for full and valuable consideration
11.3 Reasonable financial provision
11.3.1 The objective test
11.3.2 The common guidelines
11.4 Particular guidelines: the spouse or civil partner standard
11.4.1 Former spouses who have not remarried
11.4.2 A person living in the same household as husband or wife
11.4.3 A child of the deceased
11.4.4 A child of the family
11.4.5 Any other person maintained by the deceased (s1(1)(e) applicants)
11.5 Time limit – s4
11.6 The property available – the meaning of “net estate” – s25(1)
11.7 Anti-avoidance provisions – ss10 and 11
11.7.1 Order for the donee to make financial provision – s10
11.7.2 Power to modify deceased’s contract for disposition – s11
11.8 Court’s power to make orders – s2
11.9 Summary
Chapter 12: Legacies and Devises
12.1 Introduction
12.2 Specific legacies
12.3 General legacies
12.3.1 Interest on general legacies
12.4 Demonstrative legacies
12.5 Pecuniary legacies
12.6 Residuary legacies
12.7 Summary
Chapter 13: The Failure of Gifts
13.1 Introduction
13.2 Ademption
13.2.1 Ademption and the option to purchase
13.2.2 Interpreting gifts – s24 Wills Act 1837
13.3 Disclaimer
13.4 Lapse (general principles)
13.4.1 Joint tenancy
13.4.2 Lapse (class gifts)
13.4.3 s33 Wills Act 1837
13.4.4 The statutory presumption as to survivorship: “commorientes”
13.5 Forfeiture
13.5.1 Reform of the law of forfeiture
13.6 Abatement
13.7 Summary
Chapter 14: Construction of Wills
14.1 Introduction
14.2 The “rules” of construction
14.3 The meaning of words and phrases
14.4 The admission of extrinsic evidence
14.4.1 s21 Administration of Justice Act 1982
14.4.2 s22 Administration of Justice Act 1982
14.5 The rule in Lassence v Tierney [1849]
14.6 Subsidiary principles of construction
14.7 Gifts to children
14.8 Summary
Chapter 15: Personal Representatives: Obtaining the Grant
15.1 Introduction
15.2 Executors
15.2.1 Appointment of a firm
15.2.2 Implied appointment of the executor
15.2.3 Passing over and substitution of executors
15.2.4 The number of executors
15.2.5 The persons who may be appointed as executors
15.2.6 Chain of representation
15.2.7 Acceptance of office
15.2.8 Renunciation
15.3 Administrators
15.4 The executor de son tort
15.5 Small estates
15.6 Grants of probate and administration
15.7 Administration de bonis non administratis
15.8 Revocation of grants
15.8.1 Effect of revocation
15.9 Foreign grants
15.10 Summary
Chapter 16: Personal Representatives: Powers and Duties
16.1 Introduction
16.2 Duties of the personal representatives
16.2.1 Collection of assets
16.2.2 Payment of debts
16.2.2.1 The ascertainment of debts
16.2.3 Distribution of the estate
16.2.3.1 The ascertainment of beneficiaries
16.3 The powers of the personal representatives
16.3.1 General powers of administration
16.3.2 Investment
16.3.3 Appropriation
16.3.4 Insurance
16.3.5 Appointment of trustees of an infant’s legacy
16.3.6 Maintenance
16.3.7 Advancement
16.3.8 Apportionment rules
16.3.9 Power to carry on a business
16.3.10 Remuneration
16.3.11 Delegation
16.3.12 Land
16.4 Summary
Chapter 17: The Administration of the Estate
17.1 Introduction
17.2 What assets to sell?
17.3 The insolvent estate
17.3.1 Secured creditors
17.3.2 The order in bankruptcy
17.3.3 Making payment
17.4 The solvent estate
17.4.1 Secured debts
17.4.2 Contrary intention
17.4.3 The statutory order of funds available
17.4.4 Practical application of the statutory order
17.4.5 Alteration of the statutory order
17.4.6 Additional points
17.5 Payment of legacies
17.5.1 Pre-1925 rules
17.5.2 Post-1925 rules – undisposed-of property
17.5.3 Post-1925 rules where s33 does not apply
17.6 Distribution of the assets
17.6.1 Ascertainment of the beneficiaries
17.6.2 The rights of the beneficiaries pending distribution
17.6.3 Assents
17.6.3.1 Assents to personalty
17.6.3.2 Assents to land
17.6.4 The power to set off legacies against debts
17.6.5 Bankrupt beneficiaries
17.6.6 The administration period
17.6.7 Personal representative or trustee?
17.7 Summary
Chapter 18: Liability of the Personal Representatives
18.1 Introduction
18.2 Devastavit: breach of duty by a personal representative
18.3 Breach of trust
18.4 Duty to account
18.5 Administration by the court
18.6 Defences of personal representatives
18.7 Limitation of actions
18.8 Action against the recipient of assets
18.9 Summary
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.