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LPC: PRIVATE CLIENT (WILLS, PROBATE AND ESTATE PLANNING) SGS 4 DESCRIPTIONPRIVATE CLIENT (WILLS, PROBATE AND
ESTATE PLANNING) SGS 4:
WILL DRAFTING 2
Legal Practice Course
1. Learning Outcomes
After this session you should be able to:
1. construct a valid will;
2. identify the client’s goals;
3. utilise your knowledge of the law and practice in order to identify the
relevant component elements of each clause;
4. select and adapt precedent clauses in order to draft wills which
correspond with the client's instructions; and
5. clearly explain the requirements of execution where the client is unable
to read.
2. To bring to the SGS
SGS 4 Description (this document)
Chapter 3
SGS 1 and SGS 3 materials
Specimen Will Precedents
Legislation Handbook
3. Preparation
Item Completed
1. Read all of Chapter 3 and listen to the corresponding recordings
online.
LAW SCHOOL Page 1 of 8
, SGS 4 DESCRIPTION LPC: PRIVATE CLIENT (WILLS, PROBATE AND ESTATE PLANNING)
2. Substantive Law
Read and familiarise yourself with the following statutory provisions
set out in the Legislation Handbook. Be prepared to consider the
effect of the provisions during the SGS:
Section 32 Trustee Act 1925
Section 55(1)(x) Administration of Estates Act 1925
Sections 9, 24 and 33 Wills Act 1837
STEP: 4.8, 4.16.1/2, 10, 12.1/2, 17.1/2, 18.1
Ensure you have knowledge of the key principles of the following
cases:
Banks and Goodfellow (1870) QB 549
Parker v Felgate (1883) 8 PD 171
Prepare answers to the questions in items 3-5.
3. The following exercise tests your understanding of vested and
contingent interests (see Chapter 3, paragraph 9.2):
Hussain, a widower, died last month. Hussain was survived by his two
children, Amina (aged 19) and Mansoor (aged 15). Hussain had no
other children and has no grandchildren. His will contains the following
clause:
“I GIVE one half of my Residuary Estate to my daughter Amina and
the other half of my Residuary Estate to my son Mansoor.”
Explain how Hussain’s estate would be distributed for each of the
following:
a) Amina and Mansoor survive their father.
b) Amina and Mansoor survive their father but Mansoor died
yesterday.
c) The gifts to Amina and Mansoor were contingent upon reaching
18 and both survive their father.
d) The gifts to Amina and Mansoor were contingent upon reaching
21 but Mansoor died yesterday.
e) Re-read Chapter 3 paragraph 7.3 and consider how your answer
to d) would differ if the will contained the following residue clause
instead:
“I GIVE my Residuary Estate to such of my children who survive
me and reach the age of 21 and if more than one in equal
shares.”
Page 2 of 8 LAW SCHOOL
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