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Wills, Trusts & Executries

Explore the complex, yet highly interesting, Scottish Laws of Succession.    

About the qualification

This qualification deals in detail with Scottish Laws of Succession both testate and intestate and will enable you to prepare reasonably complex Wills for clients and also deal with complex intestate Estates including having an Executor Dative appointed by Petition to the Court. You will examine important matters such as legal rights and consider the possible changes to be made to the Scots Laws of Succession currently under consideration by the Scottish Government.  

You will learn how to prepare all of the documentation required to obtain Confirmation, in both testate and intestate Estates, guided by detailed notes regarding the very complex documentation required where the Estate has an Inheritance Tax liability.  The course deals with preparation of Deeds of Variation under the Inheritance Tax Act 1984.   The qualification will assist you develop the knowledge and skills to be able to conduct an Executry from start to finish including preparation of detailed Executry accounts for presentation to residuary beneficiaries.

The course examines in detail the increasingly important Scots Law in relation to adults with incapacity, including preparation of Powers of Attorney, Applications for Appointment of Financial and Welfare Guardians and proper preparation and presentation of the detailed documents required by the Office of the Public Guardian once a Guardian has been appointed. The course also deals with the current Scottish Law of Trusts.

The qualification will provide you with up to date styles of the various different types of documents which may be required in particular circumstances.   

What you'll learn

  • properly draft a Will, taking into account the particular circumstances of the testator
  • handle an intestate estate, including how to have an appropriate family member appointed as Executor Dative
  • wind up even the most complex Estate, from the obtaining of Confirmation, making the appropriate returns to HMRC regarding Inheritance Tax, finalisation of the Estate in particular where Inheritance Tax is involved and preparation and presentation of an appropriate Executry account to the residuary beneficiaries  
  • the current Law of Trusts in Scotland can be applied on a practical basis
  • prepare a suitable Power of Attorney
  • assist families in dealing with the financial and welfare issues arising where an adult member of the family is incapax, including having a financial/welfare Guardian appointed
  • deal with the documentary requirements of the Office of the Public Guardian




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Practising In English Law 175X115 1

Membership Benefits

CLT membership provides excellent service, great value for money, a range of benefits negotiated on your behalf with affinity partners and quality events for a discounted price.

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