Wills and Estates Practice

What is this subject about?

Will drafting and administration of deceased estates are fundamental areas of legal practice. Most lawyers would have contact with wills and estates in some capacity, whether as:

• a testator - in making their own will
• an executor - in administering a will
• a beneficiary - under a will
• a solicitor - acting for a client

The aim is to assist you to become competent in wills and estates practice through achieving the following elements of the competency:

• drafting wills and resolving wills problems
• administering deceased estates and resolving estate problems

What will I learn and what skills will I have the opportunity to practise?

In both personal and professional capacities you will need a sound knowledge of law and practice in wills and estates. These areas cover a wide variety of fields of law and involve complex issues of law and fact. 

This subject covers:

• drafting and advising on wills
• obtaining grants
• administering estates

In will drafting you will cover:

• the major principles of the laws of succession and areas related to will drafting
• instructions to prepare a will
• advice to a client regarding the nature and effect of the will and of associated problems
• drafting a will giving effect to a client's instructions

In obtaining grants and administering estates you will cover:

• governing applications for grants of probate and letters of administration
• obtaining the grant, including responding to requisitions raised by the court
• administering a deceased estate

At the end of this subject you will be able to demonstrate competence in:

How will I be assessed?

Assessment in this subject will be based on:

• assessment of will drafting (60%)
• assessment of letter of advice on administering estate (40%)