The Estate Planner’s Podcast

You have probably heard the proverb "For Want of a Nail", that illustrates the importance of dealing with the little details that can otherwise snowball into major situations. In this episode, we look at how that principle applies to Estate Planning.

This episode looks at what happens when there is not enough money in the estate to pay out the gifts in the Will.  Understanding this can help us structure the Will in such a way that the client's wishes are achieved.

Probably our most imporant skill that we employ with clients is the skill of communication. One element of that skill is the acknowledgment of a client's answer to a question. This episode looks at some of the mistakes that can be made with acknowledgements. 

What is the extent of our duty of care? Is that duty only to the client - the testator of the will - or does it extend to the beneficiaries of the Will that we write? We take a look at two relevant cases in this episode to answer the question.

This episode is a little different to most others. It follows the progress of a journey towards retirement for one Estate Planner, and the problems and solutions that were encountered along the way. Sadly, the lady in question was diagnosed with a terminal condition during the process and passed away quite suddenly. I hope the lessons learned from her story can help you as your own story is writte...

In this episode, we take a look at the function of proactively reaching out to clients to review their circumstances. We examine a few tips on how to do this successfully and we see what impact client reviews can have on the ultimate value of the business.

This episode looks at this unusual case which is a rare instance of a claim being brought on the grounds of a lack of knowledge and approval of the contents of the will, without any overlapping claims of lack of capacity or undue influence.  

This episode looks at how the value of a business or an individual's job position can be increased by implementing policies. 

In this episode, we will explore an idea that might be able to help us increase the value of our client's estates. This would be value in terms of both financial worth and the sentimental value to the future family.

This episode takes a look at five clauses that can be used to tailor LPAs, including: replacement attorney timing and ordering, maintenance clause, gift barring and access to the will.

This episode looks at the all-too-common response from clients that say "I'll do it myself online", when discussing LPAs. Why should clients choose to use a professional to help them create and register their LPAs? 

This episode looks at what our duty of care is to our clients when they request simple changes to their wills in the future. How much should we be doing to explore their present time circumstances fully as opposed to making the requested changes quickly and cheaply?

The central issue in this case from September 2025 is the witnessing of the will during the early days of the Covid Pandemic. We will take a close look at the judgement and see what we can learn for our own clients when there are unusual circumstances that present themselves at that critical event.

This is not a straightforward answer, but the episode looks at the different options that clients have available to them when there is a Property Protection Trust in the will, and the first testator dies. 

In this episode, we take a look at Section 33 of the Wills Act 1837, to answer the classic estate planning question: what happens if the child of a testator, who is also a beneficiary in the will, dies before the testator leaving children of their own?

This episode looks at rectification and construction, their differences and applications, along with some real world examples of each.

This case from July 2025 focuses on the forgery of a will that was "found" a couple of months after the deceased passed away. The supposed will disinherited the deceased's only daughter in favour of a man the family barely knew. 

Shotguns and Firearms. Can a firearm be left as a gift in a will? If so, what considerations should be given to the gift and can we help our clients to avoid creating any unnecessary problems with this potentially serious gift?

The Law Commission proposes reforms to the 1837 Wills Act. Needless to say, this would mean major changes to the profession. This brief episode looks over the headline proposals and what these changes might mean for practitioners.

Have you ever been given an instruction from a client that just didn't work from a legal perspective? This episode looks at how to help the client fit that square peg instruction in to the round hole of thier will.

In this episode we take a look at how and what we exchange with our clients, and think about some of the ways that we can increase that level of exchange to create more impact.

This recent case involves a very poorly drafted and ambiguous will. We take a look at the clauses that caused the problems and review the court's analisis so that we can avoid similar situations that we might face when drafting our client's wills.

In this episode, we take a look at the ademption of gifts in a will. What types of gift can adeem and how to avoid giving your client the wrong advice about the legacies they would like to leave.

The central point of this case was whether the intention of the settlor in creating a trust had been one thing or another. Or, if there had been two purposes, does it make a difference whether one is more significant than the other. 

Survivorship clauses are commonly applied to wills made by couples so that if they die together or within a short period of time, the estate of the first to pass does not go to the survivor but goes to the substitute beneficiaries directly. This episode looks at the occasions when this is beneficial and when it is not.