Module Information

Module Identifier
LC31720
Module Title
Trusts, Wills and the Administration of Trusts and Estates
Academic Year
2022/2023
Co-ordinator
Semester
Semester 2
Pre-Requisite
Pre-Requisite
Co-Requisite
If intending to prepare for the SQE1 examination students should also pursue: LC31320: LC31420: LC31520: LC31620: LC31820
Other Staff

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment Problem-solving written answers  Problem-solving written answers  25%
Semester Exam 2 Hours   Online Examination  In person online examination in computer room  75%
Supplementary Assessment Problem-solving written answers  Problem-solving written answers  25%
Supplementary Exam 2 Hours   Online Examination  In person online examination in computer room  75%

Learning Outcomes

On successful completion of this module students should be able to:

Apply their knowledge of express and implied trusts.

Apply their knowledge of the fiduciary relationship.

Apply their knowledge of trustees’ duties, powers and liability.

Apply their knowledge of equitable remedies.

Assess the validity and interpret the contents of a will and advise on the distribution of testate, intestate and partially intestate estates.

Apply the law and practice in connection with an application for a grant of representation.

Apply the law and practice of Inheritance Tax to lifetime gifts and transfers on death.

Plan, manage and progress the administration of an estate.

Apply the law and practice relating to Personal Representatives and Trustees to the administration of estates and any consequent trusts​.

Brief description

This module covers the core legal principles and practical rules associated with wills and the administration of trusts and estates.

Students will be expected to draw on and apply their knowledge of the following areas of law and practice:

Wills and intestacy

Probate and administration practice

Taxation and, in particular, Inheritance Tax

Trust law.

Content

Trusts: Core Principles of Trust Law
1. Express and implied trusts.
2. The fiduciary relationship.
3. Trustees’ duties, powers and liability.
4. Equitable remedies.
5. The validity of a will and interpretation of the contents of a will. The distribution of testate, intestate and partially intestate estates.
6. The law and practice in connection with an application for a grant of representation.
7. The law and practice of Inheritance Tax to lifetime gifts and transfers on death.
8. The planning, management and progression of the administration of an estate including claims under the Inheritance (Provision for Family and Dependants) Act 1975.
9. The law and practice relating to Personal Representatives and Trustees in the administration of estates and consequent trusts. The rights, powers and remedies of beneficiaries of wills and consequent trusts.

Module Skills

Skills Type Skills details
Adaptability and resilience Students will be presented with new and novel scenarios regularly in order to develop their ability to adapt the application of their legal knowledge. Feedback and feedforward sessions reflecting on performance in set tasks.
Co-ordinating with others Many of the classroom exercises will require teamwork.
Critical and analytical thinking Central to problem-solving and decision making in the context of legal analysis.
Information Technology Computer-based assessment. Legal research via electronic databases.
Problem solving Scenarios and case studies central to module delivery with students developing solutions.
Professional communication Central to all interactions on this module (core to the professional and ethical elements of the competency requirements)
Real world sense Practical and client-facing aspects of the module.
Reflection Feedback and feedforward sessions reflecting on performance in set tasks.
Subject Specific Skills Knowledge of wills, trusts and the administration of estates.

Notes

This module is at CQFW Level 6