The Estate Planner’s Podcast

Presenting the Property Protection Trust

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.

Clitheroe v Bond (2022)

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 elements to those instructions.

Something Can Be Done

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. 

More on Follow-up

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.

Esterhuizen vs Allied Dunbar (1998)

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.

What does it mean to own something?

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.

Keeping Track of Case Progress

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-keeping over the many years of operating in this profession.

Legal v Practical

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 acurately for your clients.

Barrett v Bem

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 learn and apply.

Mid Service Upgrades

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.