LPC

Study Unit Specifications (Elective Subject)

Code: UJXTT9-10-M

Title: Private Client (Estate Planning)

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student to undertake private client work whether in a small ‘high street’ or medium sized firm or in the specialist private client department of a larger firm.

2. Learning outcomes:

On completion of the study unit students are expected to be able to (at a professional level)

2.1 demonstrate a sound knowledge of the law and procedure involved in the administration of an estate;

2.2 understand and critically evaluate the options and solutions available to an individual in relation to tax and estate planning;

2.3 draft a range of wills and trust provisions ranging from simple to more complex and explain their appropriate application;

2.4 understand and explain the circumstances in which the distribution of an estate may be varied post-death;

2.5 explain issues of legal capacity and, where capacity is lacking, critically analyse the available solutions to the problem;

2.6 demonstrate an understanding of common problems encountered by the elderly in society and the available legal and procedural solutions;

2.7 use research and enquiry techniques to access, interpret, critically analyse and apply relevant knowledge;

2.8 appreciate the ethical and professional conduct issues which could arise in private client work;

3. Syllabus outline:

The study unit introduces students to the most common areas of work undertaken by a private client solicitor. In particular, the students will consider:

3.1 Legal and procedural aspects of the administration of an estate including the relevant revenue law issues.

3.2 Principles of tax and estate planning including identifying the client’s objectives and exploring and applying solutions.

3.3 Post death rearrangements of an estate for tax reasons and under the Inheritance (Provision for Family and Dependants) Act 1975 – considering when it is appropriate and how it is effected.

3.4 Will and trust drafting – identifying the client’s objectives, balancing tax and other considerations, advising as to the available options and preparing the resulting documentation.

3.5 Issues of capacity – recognising when capacity is lacking in relation to a particular legal transaction and identifying and implementing the appropriate solution e.g. preparation of a Lasting Power of Attorney.

3.6 Exploring issues facing elderly clients – welfare benefits, home care and residential care and related funding issues, the legal background and the role of the lawyer.

4. Teaching & learning methods:

- case studies and other practical factual scenarios

- writing letters of advice to (notional) clients

- drafting (or amending) relevant documentation e.g. wills and trust provisions and lasting powers of attorney

- role plays of advising (notional) clients

- individual and group work to identify relevant legal, practical, taxation and ethical issues arising from factual scenarios

- researching relevant law and procedure using hard copy resources and online resources

5. Indicative sources:

- relevant LPC manual: UWE Private Client (Estate Planning) manual

- relevant statutory sources – these vary according to the individual topic of study e.g. Wills Act 1837, Inheritance (Provision for Family and Dependants) Act 1975, Inheritance Tax Act 1984.

- other relevant sources – Practitioner and professional texts e.g. Butterworths Wills, Probate and Administration Service and Tristram & Cootes Probate Practice, and online resources such as the Public Guardianship Office website.

6. Assessment Infrastructure:

One 3 hour unseen, open book examination (with an additional 30 minutes of reading time).

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date ...... February 2004

(Associate Dean, Faculty of Law)