The Estate Planner’s Podcast

Eliminating Guesswork

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.

The Old Will Is Not The New Instruction Form

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 'leading questions' that can be applied to any client you see. 

Knowledge and Approval

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 when they need to be extra vigilant, especially at the point of signing and witnessing of the will. 

Animus Testandi

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.

Follow Up

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.

Making the Most of Attestations

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.

Banks V Goodfellow

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.

Your Appointment Structure

The time you spend live with your client is the pinnacle of the service you provide. A quality appointment is necessary to the production of accurate documents, but it is also the time that the client will form their opinion about you, your company and the standard of service that you are providing them with. Having a solid appointment structure is therefore vital to establish. This episode takes a broad look at five segments to your appointment's structure.

The Fact Find

The Fact Find and the Instruction Form serve different purposes. Whilst they may be part of the same document, they should be treated differently. This episode explores the what the Fact Find should contain and why it is important to address these topics before the Instructions.

The Most Common Mistake

The most common mistake that I observe estate planners making is to give advice and to answer questions far too early in the estate panning process.
This episode will look at why this is a problem, when the correct time is to give advice and goes through examples of how to address those situations so that the client knows their concerns will be addressed.