Wills and Executries

As an Accredited Paralegal, you are required to demonstrate competence in your chosen area of practice as well as the general competencies and standards of conduct.

Below are competencies, skills, knowledge and understanding, and legislation specific to the Wills and Executries practice area.

Competencies

 You should be able to demonstrate competency and understanding in the following:

  • interview (taking clear instructions) and correspond with client
  • advise client on procedural aspects of making a valid will and on legal rights
  • draft a will or codicil in accordance with the client’s instructions in a timely manner
  • have a basic understanding of the law of trusts and their role
  • have a basic understanding of the guardianship role
  • understand the roles of other parties, relevant bodies and authorities
  • correspond effectively with third parties, as required
  • advise client on procedural aspects of administering an estate, whether testate or intestate
  • prepare and lodge documentation required for the administration of an estate, including court documentation and executry accounts
  • understand inheritance tax and make simple inheritance tax calculations

Skills, knowledge and understanding

You should be able to demonstrate knowledge, understanding and awareness of:

  • succession law
  • the rights and obligations of the client
  • the information which is required from a client when taking instructions
  • the range of will styles and in what circumstances each style would be appropriate and drafting the same
  • the importance of accuracy in correctly designing individuals in a will
  • the necessity for wills to be drafted promptly
  • the requirements for valid execution of a will or codicil
  • the basics of the law of trusts and their role
  • the information required to carry out the administration of an estate, whether testate or intestate, including preparation of the inventory of the estate
  • the procedure involved in administering an estate, whether testate or intestate (incl. court procedure if intestate)
  • the rights and obligations of executor, beneficiary and other claimants in respect of an estate, whether testate or intestate
  • the legal rights and the preparation of discharge documentation
  • survivorship destinations
  • beneficiaries without capacity
  • the procedure for obtaining a Bond of Caution and when this is required
  • the court and other deadlines and timescales for the particular type of administration
  • basic understanding of relevant taxes, income tax and capital gains tax - including the 60-day reporting deadline following sale of heritable property in relation to estate administration
  • inheritance tax including transferable nil rate band and residence nil rate band, where applicable
  • the importance of providing accurate information to the court and to HMRC.
  • complete an executry account and to prepare distribution calculation
  • the Law Society of Scotland Practice Rules and Guidance.

Powers of Attorney

All paralegals who work in the Wills and Executries practice area must have a basic understanding of Powers of Attorney. For those who are more involved in Powers of Attorney work, you should be able to demonstrate competency and understanding in:

  • the role of the Attorney
  • essentials of capacity
  • beneficiaries without capacity.
  • preparing and drafting a suitable Power of Attorney
  • registering of a Power of Attorney with the Office of the Public Guardian

Legislation

You are required to demonstrate knowledge, understanding and familiarity with the legislation relevant to this area.  This requires being aware of the continuing changes to current legislation and rules and the introduction of new legislation and rules.

The following is a non-exhaustive list of the areas relevant to Wills and Executries work:

  • Execution of legal documents
  • Succession Acts and specifically rights under intestacy
  • Family Law Acts as far as it relates to the succession rights of cohabitees
  • Tax Acts (incl. inheritance, capital gains and income tax)
  • Children Act
  • Adults with Incapacity
  • Trust Acts
  • Data Protection Act and GDPR
  • Anti-Money laundering

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