Probate Essentials for Family Lawyers - Wills, Intestacy & Beyond

Introduction

When advising on divorce and family finance, it is imperative for a family practitioner to also be aware of the implications surrounding the making of revising of a will, as well as the effect on Intestacy.

These areas of law and practice are essential when advising on financial remedy matters, and in particular, when advising on the effect of a ‘clean break order’ and potential claims under the Inheritance (Provision for Family and Dependants) Act 1975.

When advising on disputes surrounding children, the family practitioner also needs to have regard to the position with making provision for children in the event of death of a parent and the effect of a Child Arrangements Order in such a case. Also, there is a need to have regard to the use of guardianship clauses and how they can be useful in such cases.

This webinar will explore some aspects of probate and how this area fits in with family cases.

What You Will Learn

This webinar will cover the following:

• Providing both family law and wills advice and the necessity for this
• Severance of joint tenancies and the effect upon the will and intestacy
• How does marriage/civil partnership and divorce/dissolution affect a will?
• Guardianship clauses for children and the effect of Child Arrangements [live with] Orders
• Ensuring the will is valid and properly executed
• Mental Capacity Act 2005 - is the test the same as in family law and when making a will?
• Effect of a final order for divorce
• Lasting Power of Attorney - why are these necessary?
• Applying for a Lasting of Power of Attorney as of 2026
• Clean Break Financial Consent Orders
• Applying for Deputyship applications - procedure in 2026
• Gifts in a will and the use of the Residence Nil Rate Band
• Use of reliefs and proposed changes to pensions and inheritance tax for 2027
• Intestacy and distributions - distribution for the spouse/civil partner and children
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Financial provision and the effect of consent orders and dismissal clauses when advising on 1975 claims
• Advising cohabitees in relation to claims against the estate
• Claims by children, former spouses/civil partners

This pre-recorded webinar will be available to view from Monday 13th July 2026

Alternatively, you can gain access to this webinar and 2,101 others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.