Wills, Probate and Administration

The aim of this unit is to enable the learner to gain an understanding of the law and practice relating to the estate, rights and charges a person leaves after his or her death. The unit includes matters relating to wills and the administration of an estate. The learner will also develop his or her word processing skills and be able to apply them to a variety of legal forms and documents in this area.

Through this unit, the learner will understand:

• Testate, intestate and partial intestacy
• Grants of Representation
• Entitlement to act as an Administrator under intestacy
• Powers and duties of Personal Representatives
• Procedural steps for obtaining a Grant of Probate
• Procedural steps for obtaining a Grant of Letters of Administration
• An affidavit of due execution and of plight and condition
• Key requirements of a valid Will
• Proper execution of a Will
• Testamentary dispositions
• Revocation
• Rectification of a Will
• Intestacy
• The administration of estates

Through the practical assessments, the learner will be able to produce the following forms and documents:

• Draft Will
• Engrossed Will
• Grant of Probate Application
• Letter to a client sending the application for signing
• Trust Deed
• Various letters in connection with the winding up of an estate

Coursework: Achievement test and practical assessments