BPP University College Of Professional Studies Limited (BPP)
I completed the LPC (Legal Practice Course) at BPP University in 2017 with a 90% distinction. These detailed notes cover the entire Wills and the Administration of Estates module, including every SGS. My friends at other universities, such as the University of Law, have also used these notes to ach...
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Wills and the Administration of Estates
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SECTION A: DISTRIBUTION OF PERSON’S PROPERTY ON DEATH
• 1) Did deceased die testate / intestate?
• 2) Nature of deceased’s assets?
o Succession/distribution estate: Assets capable of passing under a will/by intestacy
1.1 Testate/intestate
• Testator: Person who makes will
• Died testate: Valid will determines who inherits succession estate
• Intestate: Invalid will = intestacy rules apply
• Partially testate: If will ≠ dispose of all of succession estate, will + intestacy rules apply to leftover property
o A poorly drafted will may be valid
1.2 Identifying the succession estate
• Personal representatives (PR): Administers estate
o Out of succession estate, pays deceased’s debts/funeral/administrative expenses
o Distributes according to order of priority under will/intestate will
• 1) Identify property specifically excl., e.g.
o Property held as JTs
o Insurance policies written in trust
o Pension benefits
o Statutory nominations
o Donatio mortis causa (DMC)
o Trusts/settlements
• If ≠ specifically excl. = incl. in succession estate
1.2.1 Property held as beneficial JTs
• If held property as JTs = automatically passes to remaining JT upon death, b/c survivorship rule ≠ incl. in
succession estate
• If TIC = deceased’s share forms part of succession estate
1.2.2 Insurance policies written in trust
• Life assurance policy = pays monthly premium to policy provider, in return for lump sum to deceased’s estate
rd
• Insured person nominates 3 party to inherit lump sum
• If insurance policy written in trust ≠ incl. in succession estate
o Paid to specified beneficiaries in accordance w/ deceased’s terms + after showing death certificate
1.2.3 Discretionary Pension Schemes/Lump sum pension benefits
• If pension scheme terms:
o Oblige pension fund trustees to pay lump sum after death
§ If payable to PR = incl. in succession estate
rd
§ If deceased nominated 3 party to receive lump sum (/written in trust) = paid to specified
beneficiary after showing death certificate ≠ incl. in succession estate
o Discretion to pay lump sum after death
rd
§ Expression of Wish form: Deceased states who should receive ££ ∴ paid directly to 3 party (e.g.
spouse, children) ≠incl. in succession estate
1.2.4 Statutory nominations
• If written statutory nomination, ££ in friendly, industrial + provident society bank accounts = paid to specified
beneficiary ∴ will/intestacy rules ≠ apply
• Rare: Max. < £5k
1.2.5 Donatio mortis causa (DMC)
• DMC: Gift made during donor’s lifetime in contemplation + conditional upon donor’s death ≠incl. in
succession estate
• If changes mind, donor may recover asset
1.2.6 Trusts/settlements
• Assets in trusts/settlement ≠incl. in succession estate
o Deed that created trust controls distribution
• E.g. Life interest trust:
o 1) Life tenant: Income during lifetime
§ Life interest: Right to receive all income from trust fund during lifetime, e.g. rental income from
trust property
1
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