The Estate Planner’s Podcast

What You Didn't Know About Freehold and Leasehold Tenures

Land and property ownership in the UK will be either held under a Freehold or a Leasehold tenure. What exactly does this mean, and what effect does this have on estate planning? This episode answers these two questions and uncovers one common error that unwary estate planners can fall foul of.

Death Bed Wills

Perhaps the most difficult of appointments are those with a person at the very end of their life. In addition to the upsetting nature of the situation, there are the added complexities of establishing testamentary capacity, knowledge and approval of the contents of the will and a lack of any undue influence. This episodes addresses these issues and provides some guidance on several points that can assist practitioners with their task.

Proprietary Estoppel

In this episode, we take a look at the principle of Proprietary Estoppel and how it affects estate planning. We examine the key cases that have built the framework and the three elements of assurance, reliance and detriment.

Knight v Knight - The Three Certainties

Knight v Knight, 1840, is one of the most important cases relating to trust law as it brought the concept of the three certainties of a trust into focus. This episode looks at the circumstances of the case and the court's decision making process.

Re Baden Trusts

This case from 1972 addressed one of the three certainties that are necessary for a valid trust - the certainty of objects. The courts looked at the wording used in the trust and in this episode, we take a look at what they considered when coming to their decision.

No Children, No Problem

This episode looks at some of the main differences in instruction-taking and drafting when you have a client that does not have children as compared to a client that does have children. We take up some specific examples of how you can change the conversation to better accommodate these differences. 

The Rise of the Machines

As technology becomes increasingly sophisticated, should it be a worry? Consumers are more regularly going online to make their wills using websites that are getting better at interacting with the user. As professional practitioners we will rely more on technology than ever. With these trends, what does the future of our profession look like, and is there anything we should be doing now to distinguish ourselves from that which a machine is able to do?

The Public Guardian v RI and Ors

Continuing the topic of LPAs, this episode looks at the case of The Public Guardian v RI and Others which gives us the criteria for an assessment of capacity specifically in relation to the creation of a Lasting Power of Attorney.

An Awkward Situation

There has been relatively little discussion on the subject of Lasting Powers of Attorney so far in this podcast, so in this episode we take a look at a client situation that illustrates just why they are so important. It serves as an example that you can use to paint the picture for clients that might be reluctant to put them in place.

Ilott v Mitson

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.