Wills, Probate and Advising the Elderly Autumn Update 2025

KEY SUBJECTS

• DEATHBED WILLS: TIPS AND TRAPS
• WILL DRAFTING: TIPS AND TRAPS
• OLDER CLIENT UPDATE
• LASTING POWERS OF ATTORNEY: CURRENT ISSUES
• PRIVATE CLIENT TAX AND TRUST UPDATE

SPEAKERS

Professor Lesley King, Professional Development Consultant, University of Law

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

Helen Forster, Solicitor, Director, HTF Legal Limited

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

DEATHBED WILLS: TIPS AND TRAPS

This session will look at some common problems and how to deal with them. It will include:

• Deathbed or terminally ill?
  – IHT planning?
• Should you do deathbed wills at all?
  – Policy considerations
• How much should you charge?
• What are the risks?
• To what extent can they be reduced?
• The kit

Professor Lesley King, Professional Development Consultant, University of Law

WILL DRAFTING: TIPS AND TRAPS

It’s what we do every day but it’s by no means easy. This session will look at some problems illustrated by recent cases together with reference to the proposed Wills Bill: will it help?

This session will look at:

• What to do when it all goes wrong.
  – Larke v Nugus requests
  – Well, I wouldn’t start from here
• Wills Act 1837, s33
• Ademption and gifts by deputies and attorneys
• Burden of IHT and lifetime gifts
• Nil Rate Band Legacies (still dangerous)
• Partly exempt transfers: More of a problem in light of proposed BPR/APR changes?

Professor Lesley King, Professional Development Consultant, University of Law

OLDER CLIENT UPDATE

The pre-death area of law continues to keep the profession on their toes, with changes to practice and this session will provide the key update and practical tips on:

• Court of Protection deputyship practice
• Capacity case law
• Lasting Powers of Attorney case law
• Social Care case law

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

LASTING POWERS OF ATTORNEY: CURRENT ISSUES

Lasting powers continue to be one of the most popular services on people seek advice and support. It is underpinned by complex regulations and case law, which advisers need to understand to provide robust advice.

This session will cover:

• What we know about the digital process to create an LPA
• Multiple LPAs and revocation of power or an appointment of one attorney
• The professional skills and expertise to be a skills certificate provider
• What to do if the registered power does not include a charging clause
• What to do if the registered power does not include a power to invest in discretionary management fund
• Can an attorney sever a joint tenancy in the donor’s property?
• OPG or police request confidential information – can you disclose?

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

PRIVATE CLIENT TAX AND TRUST UPDATE

Details to follow

Helen Forster, Solicitor, Director, HTF Legal Limited

5.00 pm CLOSE OF PROCEEDINGS