Wills and Succession for Paralegals
Wills and succession law covers the formalities of a valid will, drafting, revocation, intestacy, and the role of personal representatives. This topic also includes the Inheritance Act 1975 and grants of representation.
Assessment criteria
Topic Overview
The NALP Level 3 Award in Wills and Succession for Paralegals covers the legal framework governing the creation, validity, and administration of wills, as well as the rules of intestacy when a person dies without a valid will. This topic is essential for paralegals as it forms the backbone of private client work, enabling them to assist solicitors in drafting wills, advising on inheritance tax, and administering estates. Understanding the requirements for a valid will under the Wills Act 1837, the principles of testamentary capacity, and the rules of revocation and alteration is critical to ensuring a client's final wishes are legally enforceable.
Succession law also addresses the distribution of assets on intestacy under the Administration of Estates Act 1925, including the rights of spouses, civil partners, and other relatives. The topic integrates with the law of property, trusts, and taxation, making it a cornerstone of legal practice. For students, mastering this area not only prepares them for the NALP assessment but also equips them with practical skills for real-world scenarios, such as identifying potential challenges to a will or advising on the appointment of executors.
Key Concepts
Core ideas you must understand for this topic
- →Testamentary capacity: The testator must understand the nature of making a will, the extent of their property, and the claims of those who might expect to benefit, as established in Banks v Goodfellow (1870).
- →Formalities for a valid will: Under s.9 Wills Act 1837, the will must be in writing, signed by the testator (or by another in their presence and at their direction), and attested by two witnesses present at the same time.
- →Revocation of wills: A will can be revoked by marriage or civil partnership (unless made in contemplation), by a later will or codicil, by destruction with intention, or by written declaration (s.18-20 Wills Act 1837).
- →Intestacy rules: Under the Administration of Estates Act 1925, if a person dies without a valid will, the estate passes to the surviving spouse/civil partner and then to children, parents, siblings, and more distant relatives in a fixed order.
- →Lapse and ademption: If a beneficiary predeceases the testator, the gift lapses and falls into the residue, unless it is a gift to a child or other descendant who leaves issue (s.33 Wills Act 1837). Ademption occurs when specific property no longer belongs to the testator at death.
Learning Objectives
What you need to know and understand
- Be able to demonstrate a thorough understanding of the formalities of a valid will in English law, Be able to identify and describe the main elements of drafting a will and use legal terminology appropriately, Know the legal principles of revocation or alteration of a will or codicil, Understand the law relating to testamentary dispositions and their effect, Understand the operation of the statutory rules of intestacy, Understand the role and powers of Personal Representatives, Understand the law in relation to grants of representation, Understand the provisions of the Inheritance (Provision for Family andDependants Act) 1975
Assessment Criteria
Key criteria assessors look for in your portfolio
- Explains the formalities required for a valid will under English law.
- Drafts a simple will using correct legal terminology.
- Identifies methods of revocation or alteration of a will.
- Applies the rules of intestacy to distribute an estate.
- Describes the role and powers of personal representatives.
Assessment Guidance
Guidance for achieving higher grades
- 💡Memorise the key sections of the Wills Act 1837.
- 💡Practice drafting clauses.
- 💡Use flowcharts for intestacy distribution.
- 💡Always cite the specific section of the Wills Act 1837 or Administration of Estates Act 1925 when discussing formalities or intestacy. For example, 'Under s.9 Wills Act 1837, the will must be signed in the presence of two witnesses.' This shows precise knowledge.
- 💡When answering questions on testamentary capacity, apply the Banks v Goodfellow test step by step: nature of the act, extent of property, and claims of potential beneficiaries. Use the facts of the scenario to demonstrate each element.
- 💡For problem questions on revocation, consider whether marriage has revoked the will (s.18) and whether a later will expressly revokes earlier ones (s.20). Remember that destruction must be with intention (animus revocandi) – accidental tearing does not revoke.
Common Mistakes
Common errors to avoid in your coursework
- Confusing attestation requirements.
- Misapplying the intestacy rules for partial intestacy.
- Overlooking the Inheritance Act claims.
- Misconception: A will can be witnessed by a beneficiary. Correction: A beneficiary or their spouse cannot be a witness, as the gift to that witness would be void under s.15 Wills Act 1837.
- Misconception: If you die without a will, your spouse inherits everything. Correction: Under the intestacy rules, the spouse receives the personal chattels, a statutory legacy (currently £270,000), and half of the residue; the other half goes to children.
- Misconception: A will is valid if it is signed by the testator and one witness. Correction: Section 9 requires two witnesses present at the same time; a will with only one witness is invalid.
Frequently Asked Questions
Common questions students ask about this topic
Pass / Merit / Distinction Evidence Checklist
How your portfolio evidence is graded for NALP Wills and Succession for Paralegals
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
- •Basic understanding of property law, including the difference between real and personal property.
- •Knowledge of the law of marriage and civil partnership, as these affect revocation of wills.
- •Familiarity with the concept of trusts, as wills often create trusts for beneficiaries.
Coursework AI Review
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Key Terminology
Essential terms to know
- Be able to demonstrate a thorough understanding of the formalities of a valid will in English law, Be able to identify and describe the main elements of drafting a will and use legal terminology appropriately, Know the legal principles of revocation or alteration of a will or codicil, Understand the law relating to testamentary dispositions and their effect, Understand the operation of the statutory rules of intestacy, Understand the role and powers of Personal Representatives, Understand the law in relation to grants of representation, Understand the provisions of the Inheritance (Provision for Family andDependants Act) 1975
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