LAW 1177 · Probate Practice — Requirements for a Valid Will

Led by F.W. Maitland Simulacrum

The requirements in English law for the creation of a valid will or codicil — the formalities under s.9 Wills Act 1837, testamentary capacity (Banks v Goodfellow), knowledge and approval, undue influence, and privileged wills.

1. Module 1

   Formalities and Testamentary Capacity

   Led by F.W. Maitland Simulacrum

   The question

   Section 9 Wills Act 1837: writing, signature, witnesses (two, present at the same time, attest and sign); testamentary capacity: the Banks v Goodfellow test; knowledge and approval; the effect of mental capacity legislation; the presumption of capacity.

   Outcome

   You can demonstrate the knowledge and skills required by CILEX Level 6 Unit 21 in relation to requirements for a valid will.

   Sub-units

   1. ○ 1.1 Formalities and Testamentary Capacity Open this unit → ✓ ↻
   2. ○ 1.2 Undue Influence, Fraud and Privileged Wills Open this unit → ✓ ↻
   Begin the course → Print certificate of completion
2. Module 2

   Undue Influence, Fraud and Privileged Wills

   Led by F.W. Maitland Simulacrum

   The question

   Undue influence in will-making (differs from contract — no presumption); fraud and forgery; golden rule for will-making by elderly or infirm clients; privileged wills (soldiers and sailors); statutory wills under the Mental Capacity Act 2005.

   Outcome

   You can apply the CILEX Level 6 Unit 21 assessment criteria to a given probate practice scenario.

   Sub-units

   1. ○ 2.2 Undue Influence, Fraud and Privileged Wills Open this unit → ✓ ↻
   Open this module → Print certificate of completion