Unit 209 Wills and Succession

Level: 2

Unit reference number: F/504/0632

Credit Value: 4

Guided learning hours: 21

Unit aim: The aim of this unit is to enable the learner to gain an understanding of the legal requirements of a valid Will. The learner will develop the necessary knowledge and skills to be able to identify the roles of executors, the different types of legacies and grants of representation and the priority of beneficiaries under an intestacy.

There are five learning outcomes to this unit:

Outcome 1: understand the legal requirements of a valid Will

The learner can:

• explain the requirement sof the Wills Act 1837 in relation to the formalities of Wills
• describe the role of the executor(s) and witnesses
• describe the circumstances in which the requirements of the Wills Act 1837 have been modified for privileged Wills
• describe how a Will can be revoked.

Outcome 2: know the standard format of a simple Will

The learner can:

• describe the basic principles of drafting a Will
• describe the different types of legacies
• identify an appropriate attestation clause.

Outcome 3: understand the rules of intestacy

The learner can:

• identify circumstances in which an intestacy arises
• identify the priority of those entitled to a grant of letters of administration
• explain how the estate of an intestate will be distributed
• identify how a beneficiary may forfeit his/her right to any inheritance.

Outcome 4: know the different types of grant of representation issued by the Probate Registry

The learner can:

• describe the types of grant available where a Will is in existence
• describe the types of grant where there is an intestacy
• identify the situations in which the different types of grant apply

Outcome 5: understand the provisions of the Inheritance (Provision for Family and Dependents) Act 1975

The learner can:

• explain the categories of those entitled to claim
• identify the jurisdiction of the court
• explain the factors which a court will take into consideration when determining “sufficient financial provision”
• identify the time limit for making a claim.