Wills, Trusts and Estates Law and Practice

Module Identifier: LC31720
Module Title: Wills, Trusts and Estates Law and Practice
Academic Year: 2027/2028
Semester: Semester 2
Co-ordinator: Ms Caroline Whitby
Reading List: View on Aspire
Pre-Requisite: CT24920 or CT34920 or LC24920 or LC34920
Pre-Requisite: CT10120 or CT10420 or CT20120 or LC10120 or LC10420 or LC20120
Co-Requisite: If intending to prepare for the SQE1 examination students should also pursue: LC31320: LC31420: LC31520: LC31620: LC31820
Other Staff: Mrs Lauren Harvey

Assessment

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