This module will provide students with a detailed, contextualised understanding of the role of legal professionals in relation to the law relating to inheritance, wills and the administration of estates. The module will critically and comparatively examine the conceptual, legal and practical issues that arise in, or as a result of, this area of practice, including in relation to the validity of wills, applications for grants of representation and the role of Personal Representatives. The module will offer an in-depth exploration of the process of managing an estate, including inheritance tax requirements and the regulatory and ethical responsibilities placed on professionals in this area of work. Upon completion of the module, students will have covered all aspects of the 'Wills and the Administration of Estates and Trusts' section of the specification for Part 1 of the Solicitors Qualifying Examination (SQE), and will be able to apply their knowledge to the assessments set as part of the SQE. On successful completion of the module students will also be able to demonstrate a critical understanding of the wider context, including the ways in which the law relating to inheritance and the intergenerational transmission of wealth link to social policy and national/international financial networks, and the role of the individual lawyer in relation to those broader issues. Students will also develop the ability to critically reflect on emerging issues in the practice of this area of law.
Private study :- 125
Contact hours:- 25 (5 hours of lectures and 20 hours of workshop)
Total hours:- 150
Available as a Compulsory module to students on the following courses:-
MLaw Advanced Legal Practice (Integrated)
MLaw Advanced Legal Practice with a Minor Subject (Integrated)
Main assessment methods
Coursework - Assessment 1: Letter of Advice/Essay (1,500 words) - 40%
Coursework - Assessment 2: Problem Question/Essay (2,500 words) - 60%
Reassessment methods
Like-for-like
The University is committed to ensuring that core reading materials are in accessible electronic format in line with the Kent Inclusive Practices.
The most up to date reading list for each module can be found on the university's reading list pages.
K. Biggs and S. Edwards, A Practitioner's Guide to Probate and the Administration of Estates (4th ed., Wildy, 2018)
L.M. Friedman, Dead Hands: A Social History of Wills, Trusts, and Inheritance Law (Stanford University Press, 2009)
J. Garton (ed.), Moffat's Trusts Law (6th ed., Cambridge University Press, 2015)
B. Hacker and C.Mitchell (eds.), Current Issues in Succession Law (Hart Publishing, 2016)
D. Halliday, Inheritance of Wealth: Justice, Equality, and the Right to Bequeath (Oxford University Press, 2018)
J.E. Hughes, Family Wealth: Keeping It in the Family (Bloomberg Press, 2004)
R. Kerridge, Parry and Kerridge: The Law of Succession (13th ed., Sweet & Maxwell, 2016)
L. King, K. Biggs and P. Gausden, A Practitioner's Guide to Wills (4th ed., Wildy, 2017)
Law Commission, Intestacy and Family Provision Claims on Death (LC331, 2011)
Law Commission, Wills (CP231, 2017)
B. Sloan, Borkowski's Law of Succession (3rd ed., Oxford University Press, 2017)
The intended subject specific learning outcomes are as below. On successfully completing the module, students will be able to:
1. Demonstrate and apply a sophisticated knowledge and understanding of core principles of law relating to inheritance, wills and succession planning.
2. Demonstrate and apply a systematic knowledge and understanding of rules and procedures that govern the practice of law relating to inheritance, wills and the administration of estates.
3. Demonstrate and apply a systematic knowledge and understanding of a lawyer's ethical, legal, professional and regulatory duties in the context of legal practice relating to inheritance, wills and succession planning.
4. Demonstrate a critical understanding of the relationship between law and practice relating to inheritance, wills and the administration of estates and broader contemporary contexts such as technology; professionalism, identity and ethics; mistakes, disputes and procedural contingency; justice, democracy and citizenship; capitalism and finance.
The intended generic learning outcomes are as below. On successfully completing the module, students will be able to:
1. Conduct advanced research, making proper use of appropriate resources, demonstrating the ability to retrieve up-to-date information.
2. Identify and evaluate complex discrete problems and evidence their ability to appreciate problems in their wider contexts.
3. Develop, and test in practice, hypotheses and strategies appropriate to complex scenarios.
4. Suggest alternative strategies and solutions to problems raised and assess possible outcomes.
5. Produce creative, sophisticated and persuasive arguments drawing on independent research.
6. Set out critical analysis in a clear and accessible way, demonstrating careful and accurate use of the English language.
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