Wills, Intestacy, & Probate - The Key Issues for Family Lawyers

Introduction

Many family practitioners are unfamiliar with how the advice they give times in with matters relating to intestacy, family provision and guardianship. This is also relevant when advising on financial remedy matters, in terms of the position with the effect of a ‘clean break order’ when it comes to claims under the 1975 Act.

Also, what about making provision for children in the event of the death of a parent and what is the effect of a child arrangements order in such a case? How do guardianship clauses work?

How long does the process of probate take, and what if the financial remedy proceedings have not been completed following the divorce and a party dies? What relief is available?

These and other questions will be considered in this webinar.

What You Will Learn

This webinar will cover the following:

• Family law and wills - how do they connect?
• Severance of joint tenancies and wills/intestacy
• Effect of marriage and civil partnership and effect on a will
• Requirements for a valid will
• Mental Capacity Act 2005 - Is the test the same in family law and when making a will?
• Effects of a divorce on a will
• What if a final order is obtained by mistake? Can it be rectified?
• What if a divorce is lodged too soon? Is it still valid for purposes of a will?
• Lasting Power of Attorney - How do these operate?
• Applying for a LPA online
• Clean breaks orders financial consent orders
• Applying for Deputyship Applications - procedure
• Gifts in a will and Residence Nil Rate Band
• Intestacy and distributions - what will the spouse, civil partner and children receive?
• Advising cohabitees in relation to claims against the estate
• Claims by children, former spouses/civil partners - use of letters of wishes and statements
• Guardianship clauses for children and effect of live with orders
• Financial provision, consent orders and dismissal clauses

This webinar was recorded on 21st November 2024

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