Succession in Practice
This topic covers the law and practice of succession, including the formalities for making a Will, types of legacies, revocation, intestacy rules, and the administration of estates. It also addresses inheritance tax and contentious probate.
Assessment criteria
Topic Overview
The NALP Level 7 Diploma in Paralegal Practice is a vocational qualification designed to equip students with the advanced legal knowledge and practical skills required to work as a paralegal in England and Wales. This diploma covers core areas of law such as contract, tort, criminal law, land law, and legal research, alongside professional ethics and practice management. It is recognised by the National Association of Licensed Paralegals (NALP) and provides a pathway to higher-level legal roles or further study, such as the LPC or SQE.
This qualification is particularly valuable because it bridges the gap between academic legal study and real-world practice. Students develop competencies in drafting legal documents, conducting client interviews, and managing case files, all within a regulatory framework that emphasises confidentiality and professional conduct. The diploma is structured to ensure graduates can immediately contribute to legal teams in solicitors' firms, corporate legal departments, or public sector organisations.
Within the broader legal education landscape, the NALP Level 7 Diploma sits at a level equivalent to a postgraduate certificate. It is ideal for those who want a focused, practice-oriented qualification without committing to a full law degree. The curriculum is regularly updated to reflect changes in legislation and legal practice, ensuring students are job-ready upon completion.
Key Concepts
Core ideas you must understand for this topic
- →Legal Research and Analysis: The ability to locate, interpret, and apply primary and secondary legal sources, including statutes, case law, and regulatory materials, to solve practical problems.
- →Professional Ethics and Conduct: Understanding the NALP Code of Conduct, including duties of confidentiality, conflict of interest, and client care, which are essential for paralegal practice.
- →Civil and Criminal Procedure: Knowledge of the court system, pre-action protocols, and litigation processes, including drafting statements of case and understanding disclosure obligations.
- →Contract and Tort Law: Core principles of formation, breach, and remedies in contract law, alongside negligence, duty of care, and vicarious liability in tort.
- →Land Law and Property Practice: Concepts of estates, interests, registered and unregistered land, and the conveyancing process, including leasehold and freehold transactions.
Learning Objectives
What you need to know and understand
- 1. Analyse the formalities for making a Will2. Evaluate the devises and legacies that a testator can bequeath and the circumstances where these may fail3. Demonstrate a thorough understanding of how a Will can be revoked4. Analyse the statutory rules of intestacy where a Deceased died without a valid Will5. Understand the role of the Personal Representatives6. Describe and evaluate the Procedure in Administering an Estate7. Understand when Inheritance Tax is payable and the procedures for submitting the appropriate tax forms8. Have a good understanding of the circumstances when Probate can become contentious
Assessment Criteria
Key criteria assessors look for in your portfolio
- Analyses the formalities required for a valid Will under the Wills Act 1837.
- Evaluates different types of devises and legacies and circumstances where they may fail.
- Demonstrates understanding of how a Will can be revoked.
- Applies the statutory rules of intestacy to distribute an estate without a Will.
- Describes the role and duties of personal representatives in estate administration.
Assessment Guidance
Guidance for achieving higher grades
- 💡Know the key sections of the Wills Act and Inheritance Act.
- 💡Practice calculating inheritance tax thresholds.
- 💡Understand the difference between specific and residuary legacies.
- 💡When answering problem questions, always apply the IRAC method (Issue, Rule, Application, Conclusion). This structure ensures you address all elements and maximises marks for logical reasoning.
- 💡Pay close attention to the wording of statutes and case law principles. Examiners often test subtle distinctions, such as the difference between 'offer' and 'invitation to treat' in contract law.
- 💡In ethics questions, always reference the specific rule from the NALP Code of Conduct and explain how it applies to the scenario. Avoid general statements about 'being ethical'.
Common Mistakes
Common errors to avoid in your coursework
- Confusing executors with trustees.
- Misapplying the intestacy rules, especially for partial intestacy.
- Overlooking the need for inheritance tax forms and deadlines.
- Misconception: Paralegals can give legal advice independently. Correction: Paralegals must work under the supervision of a qualified solicitor or barrister and cannot provide independent legal advice to the public unless specifically authorised.
- Misconception: The diploma is purely theoretical. Correction: While it includes academic study, the NALP Level 7 Diploma emphasises practical skills such as drafting, interviewing, and case management, with assessments often based on realistic scenarios.
- Misconception: All paralegal qualifications are the same. Correction: The NALP Level 7 Diploma is a regulated occupational qualification specifically designed for paralegals, unlike generic law degrees or other certificates that may not focus on practical paralegal competencies.
Frequently Asked Questions
Common questions students ask about this topic
Pass / Merit / Distinction Evidence Checklist
How your portfolio evidence is graded for NALP Succession in Practice
Every vocational unit is marked against named criteria rather than an exam percentage. Your tutor's brief lists the exact codes for this unit — here is what each band is asking you to do.
Demonstrate baseline knowledge, accurate terminology, and core practical application.
Provide detailed analysis, structured explanations, and clear workplace reasoning.
Deliver thorough evaluation, original problem solving, and fully justified recommendations.
Before You Start
Prior knowledge that will help with this topic
- •A good understanding of the English legal system, including court hierarchy and sources of law, is essential before starting this diploma.
- •Basic knowledge of legal terminology and the ability to read and analyse case law will help students engage with the material more effectively.
- •Students should be comfortable with academic writing and referencing, as assessments require clear, structured arguments and citation of legal authorities.
Coursework AI Review
Paste your assignment brief and check your draft against its P/M/D criteria
Key Terminology
Essential terms to know
- 1. Analyse the formalities for making a Will2. Evaluate the devises and legacies that a testator can bequeath and the circumstances where these may fail3. Demonstrate a thorough understanding of how a Will can be revoked4. Analyse the statutory rules of intestacy where a Deceased died without a valid Will5. Understand the role of the Personal Representatives6. Describe and evaluate the Procedure in Administering an Estate7. Understand when Inheritance Tax is payable and the procedures for submitting the appropriate tax forms8. Have a good understanding of the circumstances when Probate can become contentious
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