21 Jun, 2018
The Guildhall Chambers Property and Estates Team are pleased to announce that they will be hosting their annual half-day seminar at the M-Shed in Bristol on the afternoon of 21st June 2018.
The afternoon will begin with three short talks by members of the team addressing recent developments and recurring themes on a range of issues concerning wills and probate and disputed estates generally. Those talks will then be followed by a choice of one of three workshops considering different challenges in this area.
2:00pm Crossing the Testamentary Capacity Rubicon: On one side, best practice in will-drafting and, on the other, statutory will applications
Katie Hooper will consider best practice for practitioners when dealing with would-be testators on either side of the testamentary capacity divide. Katie will consider how to deal with testator clients of dubious capacity, in circumstances where the dividing line between testamentary capacity and incapacity is hazy. Katie will also consider the applicable law and procedure where a person lacks testamentary capacity and it is considered necessary to venture to the Court of Protection to apply for a statutory will.
2:35pm Pressure, Poison, Probity and Probate
Bereaved relatives frequently suspect foul play or 'funny business' in the making of a will by a deceased loved one, particularly if it leaves them out of pocket or completely disinherited. But challenging a will on such grounds is far from straightforward.
Ewan Paton takes a look at the current state of the law, some common misconceptions and some legal and practical hurdles in these cases. Topics covered will include a rare recent case on "fraudulent calumny", how much influence is "undue" and how you prove it, and whether the "knowledge and approval" requirement allows an "undue influence-lite" challenge in "suspicious" cases.
3:10pm Mutual Wills – why not embrace them?
Many solicitors prepare mirror wills for couples without grasping the nettle as to whether they are to be mutual wills or not. Malcolm Warner will explore why adopting a positive approach to creating mutual wills may resolve uncertainties, help couples plan for life after the death of one of one of them and settle the guidelines for the survivor’s finances.
3:45pm TEA & COFFEE BREAK
Even now, the law relating to claims by disappointed beneficiaries under the principles established in White v Jones can be a minefield. In this workshop, Matthew Wales and Tim Walsh will consider professional negligence pitfalls in relation to wills including common mistakes, rectification, limitation and issues of remoteness.
3. Inheritance Act Claims: Michael Selway and Oliver Mitchell
The conference is accredited with 3 CPD points (reference 1383).
£25.00 plus VAT
The seminar is free to all trainee solicitors
Terms and conditions
We reserve the right to vary the content, timetable, location or speakers; or to cancel the seminar totally in which case we will refund any payment made in respect of the cancelled conference. Neither the members of Guildhall Chambers nor the speakers will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss incurred by any person acting or omitting to act in reliance upon material or presentation given at or in connection with the event. Please be advised that places are limited so please book early to guarantee a place. The fee for this seminar includes a comprehensive conference folder, lunch and all other refreshments.
Please send a cheque with your form or wait to be invoiced. A VAT invoice will be sent to you on receipt of your booking form/details. All invoices for this seminar must be paid within 30 days of the invoice date. Cheques are made payable to Guildhall Chambers. Unfortunately we are unable to take online payments at this time.
Confirmation of registration
If you have not received confirmation of your registration one week before the conference, please telephone 0117 930 9000 to confirm that your registration form has been received.
Substitute delegates will be accepted at any time – please telephone 0117 930 9000 to let us know the name of the substitute.
Under the Law Society’s CPD scheme and the Bar Council’s New and Established Practitioners’ Programme the conference is accredited with 3 CPD points (Training reference:1383). The seminar will also contribute to CPD requirements under the terms of the ICAEW’s CPD policy.
If you have any questions about the seminar, or any other Guildhall Chambers events, please contact the Marketing Team on 0117 930 9000 or firstname.lastname@example.org.