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LAW-30106 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

For academic year: 2022/23 Last Updated: 19 January 2023

LAW-30106 - Wills & Probate & Drafting
Coordinator: Catherine Edwards Tel: +44 1782 7 34175
Lecture Time: See Timetable...
Level: Level 6
Credits: 15
Study Hours: 150
School Office: 01782 733218

Programme/Approved Electives for 2022/23

None

Available as a Free Standing Elective

No

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2022/23

A practical approach to the area of Wills and Probate practice. Covering the key issues regarding drafting a Will, and validly executing a Will. We will examine how to apply for a grant of representation including the relevant court form and how to distribute an estate. Further examination of the impact of inheritance tax, potential claims under IP(FD)A 1975
This will provide students with a foundational level of understanding of this area of practice and be helpful to students who wish to undertake future work as a paralegal, solicitor or CILEx especially in a Wills and Probate department.

Aims
This module will introduce students to a key area of legal practice. It will provide a foundational level of understanding of the practice of Wills and Probate. Studying this module will enable students to draft a basic Will.
To help students identify the key characteristics required to ensure a Will is validly executed.
To enable students to advise clients on how to obtain letters of representation and distribute an estate according to the Will and trustee powers.
To understand at a basic level the operation of inheritance tax.
To understand the potential claims under the Inheritance (Provision for Family and Dependants) Act 1975
To gain an insight into how professional conduct may affect this area of legal practice.

Intended Learning Outcomes

Draft a valid basic Will: 1
Recognise professional conduct issues that may arise and advise and act accordingly: 1,2
Interpret the validity of a Will and advise on the distribution of an estate: 2
Analyse an application for a grant of representation: 2
Evaluate the application of Inheritance tax on lifetime gifts and the planning and distribution of an estate: 2
Differentiate the potential claims under the Inheritance (Provision for Family and Dependants) Act 1975: 2
Use a precedent and draft succinctly and accurately a basic legal document: 1

Study hours

Introductory lecture 1 x 2 hours
synchronous delivery of targeted online class in Learning Units 9 x 1 hour
18 hours (9 x 2 hour workshops)
Revision Lecture 1 x 2 hours
Self study hours will be spent on the learning units and podcasts, drafting preparatory tasks to be used during workshops and revision.

School Rules

None

Description of Module Assessment

1: Assignment weighted 30%
Drafting a basic will based on client instructions.
Students will be required to draft a basic Will for a client. It will be a problem based scenario. As the module specifically references the legal skills of drafting this recognises the importance of this skill in legal practice in a separate part of the overall assessment strategy for the module. They will be required to provide an explanation by way of a letter to the client as to what is included in the Will and why. The assignment should be a well drafted Will demonstrating the application of the law to a client scenario. It should be short and succinct and incorporate only essential elements as superfluous clauses will lead to a lower mark. As it is a Level 6 assessment they will be expected to draft accurately and write clearly and succinctly explaining complex legal issues to a lay client. As a guide the upper word limit of no more than 1500 words but a well drafted Will and letter should be no more than 1000

2: Exam weighted 70%
2 hour Open book unseen examination with advance material.
Problem based examination with students required to advise the client in a number of situations. Advanced material will be released with the actual examination questions being unseen. The advance material will be legal documents or client details too voluminous to be read during an exam. 20% of the assessment will be MCQ to reflect the style of the SQE examination and to provide additional coverage of the syllabus. To reflect the Level 6 of the module this will require detailed and accurate application of the law to the facts of the case and accurate legal advice to be provided.

Please note that for the 2022/23 Academic Year programmes may be adapted to operate in accordance with a flexible, digital approach. This means that there may be some changes made to how modules are delivered and assessed. The latest information will be provided to you by your School in module handbooks. We endeavour to give you as much notice as possible of any changes and details about the circumstance in which changes are made to programmes can be found in the Student Agreement, available at: https://www.keele.ac.uk/student-terms-and-conditions/

Last Updated: 19 January 2023