Speaker:

Eason Rajah, Chancery Barrister, Ten Old Square Chambers

Published:

Format:

E-Training

Category:

Private Client

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Statistics during the last 18 months show a marked upsurge in will and inheritance disputes and a corresponding increase in negligence claims against practitioners.  Find out how to avoid common pitfalls when preparing Wills with Eason Rajah, Chancery Barrister, Ten Old Square Chambers.  Eason discusses how to ensure formal and substantive validity of Wills in this audioCPD.  You can also test your understanding and practical application of the guidance discussed by listening to a fictional case study which Eason advises on to help safeguard you and your practice. 

What is included?

• 33 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes:

• Costs implications for practitioners in Will disputes
• Ensuring formal validity of a Will in particular:
  • taking reasonable steps to assist the client in execution of their Will
  • drafting considerations when dealing with foreign propert
  • domicile considerations
• Ensuring substantive validity of a Will, especially:
  • safeguards to prevent a challenge due to lack of testamentary capacity and undue influence
  • the ‘golden rule’
• Claims pursuant to the Inheritance (Provision for Families & Dependants) Act 1975
• The practical application of the principles discussed in this podcast are brought to life with a fictional case study
• Top tips for avoiding contentious probate disputes

Who Should Listen:

• Solicitors
• Barristers
• Will Writers
• Paralegals
• Legal Executives

Level of Expertise: Intermediate

Please click here for a FREE 10 minute demo

This podcast is still available to purchased however it is a little dated and part of the archive.

Eason Rajah, Chancery Barrister, Ten Old Square

Eason specialises in litigation involving domestic, foreign and cross-border trusts and estates and related tax and professional negligence issues.  He has recently been involved in a series of high profile probate disputes followed in the media.

He is recommended as an outstanding practitoner in his field by The Legal 500 and Chambers and Partners with comments over the years such as “one of the set’s rising stars”, ‘a fantastic senior junior; very bright and a first-class advocate’ and “a good man for the more complicated matters”.

Eason is a committee member of the STEP Central branch of the Society of Trust and Estate Practitioners and sits as an advisor on the Bar Council Pupillage Funding and Advertising Committee.  He is a member of the Charity Law Association and the Association of Contentious Trust and Probate Specialists. He is an editor of Mellows Taxation of Executors and Trustees and is the Consultant Editor Ranking, Spicer and Pegler Executorship Law, Trusts and Accounts.

For further information about Eason please visit http://www.tenoldsquare.com/Eason%20Rajah.html

Worby v Rosser [1999] Lloyd’s Rep PN 972

Corbett v Bond Pearce [2001] Lloyd’s Rep PN 50

Sherrington v Sherrington [2005] WTLR 587

Channon v Perkins [2005] EWCA Civ 1808

Wills Act 1837 (as amended by the Administration of Justice Act 1982)

Esterhuizen v Allied Dunbar [1998] 2 FLR 668

Gray v Richards Butler [2000] WTLR 143

Hoff v Atherton [2004] EWCA Civ 1554

Key v Key [2010] EWHC 408

Re Simpson [1977] 121 AJ 224

Sprackling v Sprackling [2009] WTLR 209

Inheritance (Provision for Families and Dependants) Act 1975

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.