Wills, Intestacy, & Probate - A Guide for Family Lawyers

Introduction

When carrying out family law matters, it will often be the case that there will be an overlap between what the family practitioner advises clients, and how this then ties in with other areas of law, particularly in relation to wills and probate.

The family practitioner needs to know what the position is with what happens when advising on financial remedy matters and before concluding such matters, a party is to die, whether intestate or otherwise.

How long does the process of probate take, and what if the financial remedy proceedings have not been completed following the divorce, and one of the person dies?

What about queries over capacity and wills?

What happens in such a situation?

These and other questions will be considered in this webinar.

What You Will Learn

This webinar will cover the following:

• Family lawyers and understanding of wills and probate
• Changes in divorce law and will drafting
• Severance of joint tenancies and wills/intestacy
• Effect of marriage and civil partnership
• Requirements for a valid will
• Mental Capacity Act 2005 - what is the current position?
• Use of lasting powers of attorney
• Significance of having a clean break in the financial consent order - what if this is not done?
• Developments in powers of attorney and deputy applications - changes in procedure in 2023
• Gifts in a will and use of the Residence Nil Rate Band
• Divorce law and effect on wills
• Intestacy and distributions - what will the spouse, civil partner and children receive?
• How do you protect the cohabitee?
• Guardianship clauses for children and effect of live with orders
• Financial provision, consent orders and dismissal clauses - how does a will impact on your advice?
• Claims by children, former spouses/civil partners - use of letters of wishes and statements

This webinar was recorded on 22nd November 2023

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