Wills and Estates Practice

What the subject is about

Will drafting and administration of deceased estates are fundamental areas of legal practice.  Most solicitors would have contact with wills and estates in some capacity, whether as:

• a testator - in making their own will
• an executor - in administering a will
• a beneficiary - under a will
• a solicitor - acting for a client.

In both personal and professional capacities you will need a sound knowledge of law and practice in wills and estates.  These areas cover a wide variety of fields of law and involve complex issues of law and fact. 

The subject covers:

• drafting and advising on wills
• obtaining grants
• administering estates.

In will drafting you will cover:

• the major principles of the laws of succession and areas related to will drafting
• instructions to prepare a will
• advice to a client regarding the nature and effect of the will and of associated problems
• drafting a will giving effect to a client's instructions.

In obtaining grants and administering estates you will cover the law, court rules and practices:

• governing applications for grants of probate and letters of administration
• obtaining the grant, including responding to requisitions raised by the court
• administering a deceased estate.

Subject aim 

1. Drafting wills and resolving wills problems.
2. Administering deceased estates and resolving estate problems.

Subject objectives 

At the end of this subject you will be able to demonstrate competence in each element in wills and estates practice. 

Element 1  Drafting Wills and Resolving Wills Problems

Unit 1   Drafting and Advising on Wills 

Element 2  Administering Deceased Estates and Resolving Estate Problems

Unit 2   Obtaining the Grant
Unit 3    Administering the Estate

Assessment method & value

Assessment of will drafting - 60%
Assessment of letter of advice on administering estate - 40%