The Estate Planner’s Podcast

This unusual case brought under the Inheritance (Provision for Family and Dependents) Act 1975, hit the headlines several times as it made its way through the courts from 2015 to 2017. The central issue of testamentary freedom made the matter of public interest and was ultimately heard in the Supreme Court. This episode looks at the facts of the case and the issues that the courts had to consider....

In this episode we take a look at a client scenario and how to help them to overcome the irrational and illogical reasons not to put the right planning in place. It addresses one of the most important skills that any professional needs.

This episode looks at the inclusion of funeral directions in the will. Why is it more important that many will writers give it credit for? What can be included? What it the best way to introduce the subject to get a thorough answer?

The central point of this case was in an error made that resulted in a married couple signing each other's wills instead of their own. Whilst it was a seemingly simple error, the resulting legal problems eventually were resolved in law by the Supreme Court. This episode takes a look at what the Court decided and how they came to their decision.

This episode takes a look at how you can handle those clients that are overly and irrationally critical of your service. When is it best to simply refund the client and walk away? How can you identify which clients will never be satisfied, no matter how much you do to help them? And what can you do to resolve the complaints from clients that are open to remedy?

This episode explores the very recent case of King v King which centered around which of two brothers could administer the estate of their deceased father. It highlights important issued relating to the choices of executor when we are taking instructions from clients.

The Society of Trust and Estate Practitioners (STEP) has released its third edition of the the STEP Provisions. This episode gives a broad overview of the Standard and the Special Provisions as well as looking at what changes have been made from the second edition.

In this episode, we take a look at the value of a well-written Advance Directive and how this can be used alongside a Lasting Power of Attorney for Health & Welfare. We dispel a couple of myths about AD's and also see two other common uses for this document which are not to do with life-sustaining treatment.

This episode looks at the presentation of the Property Protection Trust in a will. It covers five specific tips including when to introduce the concept, how to align it to the client's estate planning goals, what can make the PPT be more real for the client, how to deal with the price and an very effective way of explaining the difference between joint tenants and tenants in common.

In this episode we take a look at the 2022 case of Clitheroe v Bond that established whether the correct test for testamentary capacity was the Banks v Goodfellow test or the Mental Capacity Act 2005 test. In addition to this central point we also look at some of the other aspects to the case that we can learn from when taking instructions from clients, especially when there are contentious elemen...

This episode's topic deals with those occassions in business when we seem to be facing a threat that feels insurmountable. It is during those times that we can become stressed and it is important to focus on what can be done, rather than what can't be done. Something can always be done to put you at cause rather than at effect. 

This is a second episode on the subject of client follow-up. In this one, we take a look at some of the basic principles and tips to apply when following up with prospective clients or clients that are already mid-service, including commitment, organisation, scheduling, note-keeping, accountability and handling appointment no-shows.

The case of Esterhuizen vs Allied Dunbar (1998) hinged on the extent of the duty of care that will writers, estate planners and solicitors have for their clients, and specifically in ensuring that their wills are successfully signed and witnessed. This episode looks at what happened in the case and how the court decided who was responsible.

Estate planning is fundamentally linked to the ownership of property. So, what does it actually mean to own something? Whilst the subject of ownership branches off into a great many sub-topics, what we look at in this episode is an important foundation that can greatly assist your explanations of wills, LPAs and trusts to your clients.

This is a listener request episode: 'Would it be possible to cover some of the more admin-type tasks in a future episode - specifically what notes to keep on clients and in what format? As a reponse to this request, the episode takes a simple and practical approach to answer the question. It also covers a major principle that I have found to be invaluable to apply to administration and record-keep...

Some questions that clients ask can be tricky to answer. If you give a legally accurate answer, it can actually mislead the client and give them an incorrect understanding in practical terms. But if you give them a practical and usable answer, they can have a false answer from a legal standpoint. So, what do you do? This episode looks over these types of questions, and how you can answer them acur...

This case from 2012 hinges on Section 9 of the Wills Act 1837 and particularly the point of a testator directing another person to sign a Will on their behalf. In this episode we explore what happened on the day the document was signed, and follow the case through its three trials to its conclusion at the Court of Appeal. With an understanding of the details, we then look at what lessons we can le...

Mid Service Upgrades are those times when a client is in the middle of receiving a service, but something changes and the service is now no longer appropriate or adequate to accomodate the change. This episode looks at how these situations can be quite delicate and mistakes can easily be made, and looks at how best to handle the client so that they can be presented with the upgraded service. 

In this episode, I share one of the most useful tools that you can use to manage your position or company, and eliminate a lot of the guesswork that you would otherwise have to use when making business decisions. We look at examples of how to apply this in different scenarios so that you can increase results - whether that is increasing the quantity or the quality of your production.

This episode takes a look at a quite specific tendency that I observe, especially in well-established estate planners, to use a draft of a client's previous will to take notes about their new instructions. Whilst this might be a time-saving exercise that doesn't at first seem to be much of an issue, there can be consequences. Also, in looking into this matter, there is a point raised about 'leadin...

One of the factors that makes a Will valid is that the testator has knowledge of the contents of the Will, and approves of those contents. This episode takes a look at the two circumstances when Knowledge and Approval is not automatically presumed, and particularly explores the situations which might be considered suspicious. Understanding of these situations will help practitioners identify times...

Animus Testandi is the intention to make a Will. This episode takes a look at how that intention might not be present at the moment of writing a Will and what the effect of that would be. We look at some key cases that illustrate the principle and apply some practical tips so that you can ensure Animus Testandi is present and evidenced.

Following up your clients is a task and a skill that is applied across almost all aspects of estate planning. From the first moment of contact with the prospective client to the final conclusion of their case, you will be following up. This episode looks at that activity and shares some key mistakes that can be made when following-up, and how to avoid them.

The attestation of a Will or Lasting Powers of Attorney can be an undervalued activity for Estate Planners. This episode looks at the format of the attestation meeting as well as some of the ways that you can increase that value.

This case from 1870 remains important for Estate Planners to understand and be able to apply. It provides the test for mental capacity as it relates to writing a will. This episode covers the details of the case and the four-part test that was established by the court.