The Estate Planner’s Podcast

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.

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.

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. 

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?

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.

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.

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.