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Главная » Колледжи и Университеты » The University of Law » Association of Contentious Trust & Probate Specialists (ACTAPS)
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Association of Contentious Trust & Probate Specialists (ACTAPS)

Professional Development for qualified solicitors

Association of Contentious Trust and Probate Specialists (ACTAPS)


If you are working in the field of contentious probate and trusts, or want to move into this area, this comprehensive course will give your career a real boost and provide a recognised qualification as an associate member of a well-regarded organisation. 

The University of Law, in association with the Association of Contentious Trust and Probate Specialists (ACTAPS), offers this training course for those specialising in contentious probate and trusts who wish to become members of this specialist association. 

Predominantly distance learning, supported by study sessions at our London Moorgate or London Bloomsbury centres, this three-year course is designed to develop expertise in contentious trusts and probate. Candidates can choose to study our fast-track option over two-years. 

Counting as 100% of annual CPD requirements, our ACTAPS course is open to all solicitors, barristers and legal executives. Successful participants become associate members of ACTAPS, a forum which allows specialists in this field to exchange experience and expertise – and after two years will be eligible to complete an application form for full membership of the association, which is in the absolute discretion of the Association Committee. 

"NB In this connection, for the avoidance of any doubt, the Association has asked us to point out that merely successfully completing the education course will not in any way guarantee a successful application for full membership. Indeed, if having successfully completed the education course, you do not then have an active contentious trust and probate practice during your two years of associate membership, this may very well adversely affect an application for full membership.” 

ACTAPS will issue associate membership certificates once a year; this will be in the September following completion of all the elements of the course.

 

 

 

Course content

 

 

The three-year course is structured around five compulsory core modules, with an additional session on Alternative Dispute Resolution (ADR), which can be studied either in the second or third year:

  • Probate Actions (year one – Oct-Jan)
  • Mental Capacity (year one – Feb-Jun)
  • Inheritance Act Claims (year two – Oct-Jan)
  • Trust Actions (year two – Jan-Mar)
  • Sham Trusts/Asset Tracing (year three – Mar-Jun)
  • Alternative Dispute Resolution (year two or three)

Information on the above ACTAPS modules can be found in our ‘Modules’ tab on this page. 

The course is predominantly distance learning based, although each module incorporates at least one evening face-to-face session of two hours led by an experienced practitioner. The ADR session is delivered as an afternoon face-to-face session of three hours.
Coursework is supported by a comprehensive learning pack and study is designed to replicate practice, with exercises including writing letters, assessing the strengths and weaknesses of a case and determining the steps required to progress a transaction. The course is assessed through coursework submitted at the end of each module (apart from ADR which is not assessed).

The course aims to enable you to:

  • Identify the strengths and weaknesses of a client’s claim in probate and trust disputes
  • Progress a case using correct procedure
  • Draft appropriate documentation and letters
  • Determine a basis for negotiation
  • Assist a client in alternative dispute resolution
  • Advise settlors, beneficiaries and trustees where there is a possibility that a trust may be a sham
  • Advise on steps to trace and recover assets
Find out more
 
 
Important information

We go to great lengths to ensure that the information provided is correct at the time of publication. However, we reserve the right to withdraw or change, for any reason and without notice, any of the programmes and/or to alter tuition fees, locations, entry requirements and/or the facilities and/or services available from or provided by or on behalf of the University. Please note that the choice of subjects may be limited by considerations of timetable, staffing and/or available places on a course.

 

 

Who and why?

 

 

Who?

Predominantly distance-learning based, this three-year course aims to develop specialist expertise in this field and to provide a recognised professional qualification to those already working in the field and those wanting to move into the area. It is open to all qualified solicitors, barristers and legal executives.

Why?

  • Gain a recognised specialist qualification
  • Learn how to advise clients, progress a case and draft appropriate documentation for key areas of trust and probate law
  • Become associate members of ACTAPS and, after two years, be eligible to apply for full membership subject to fulfilling the necessary requirements at that date*
  • Complete the course in just two years with our fast-track option

Please note that ACTAPS will issue associate membership certificates once a year - this will be in the June following completion of all the elements of the course.

*Please note: Successful completion of the course does not by itself guarantee success in an Associate Member’s application for full membership (at the termination of two years from the date of successful completion of the course)

 

 

 

Modules

 

 

Probate Actions

  • When: Year 1 – Oct-Jan
    Who: Henry Frydenson, Frydenson & Co, and Professor Lesley King, The University of Law
  • Formalities
  • Capacity
  • Knowledge and approval
  • Undue influence
  • Solicitor’s negligence
  • Which court?
  • Limitation periods
  • Foreign element
  • Initial steps – pre-action protocol and Larke v Nugus
  • Costs
  • Use of counsel
  • County Court and High Court proceedings
  • Taking instructions
  • Gathering evidence
  • Tactics and strategy
  • Inheritance Act claims
  • Claims against personal representatives
  • Mutual wills
  • Proprietary estoppel
  • Beddoe orders
  • Charity proceedings
Grounds for challenging a will
 
Jurisdiction
 
Procedure
 
Running a case
 
Other types of action
 

 

 

 

Mental Capacity

  • When: Year one – Feb-Jun
    Who: Senior Judge Denzil Lush of the Court of Protection and Nori Graham, Geriatric Psychiatrist
  • The test
  • Duty of solicitor in relation to capacity
  • Instructing a medical practitioner
  • Capacity
  • Prescribed form
  • Registration
  • Reasons for invalidity
  • Review and appeals
  • Danger and abuse
  • Validity
  • The role of the certificate provider
  • Prescribed forms of LPA
  • Procedure for registration
  • Matters which will prevent registration
  • Objections to registration
  • The two types of LPA
  • Comparison between health and welfare LPA and advance decisions
  • Comparison of EPAs and LPAs
  • Court of protection’s powers
  • Duties of deputies
  • When will a deputy be appointed?
  • Security and Protection
  • Urgent applications
  • Appeals
  • Requirements
  • Documentation
  • Evidence
  • Procedure
  • Effect of lack of capacity
  • Test
  • Capacity to divorce
  • Test
  • Undue influence
  • Duties of solicitor
  • Gifts on behalf of incapacitated principal
  • Gifts under an EPA/LPA
Testamentary capacity
 
Enduring powers of attorney
 
Lasting powers of attorney
 

Decision making and deputies
 

Statutory wills
 
Capacity to marry
 

Capacity to make lifetime gifts
 

 

 

 

 

 

Inheritance Act Claims

  • When: Year two – Oct-Jan
    Who: Henry Frydenson, Frydenson & Co, and Professor Lesley King, The University of Law
  • The statutory basis for bringing a claim
  • Problems in relation to particular categories of applicants
  • Costs and applications in small estates
  • Conflicts of interest
  • Issuing proceedings
  • The hearing
  • Legal professional privilege
  • Compromise and Part 36 offers
  • Appeals
  • Running a case
 

 

 

 

 

Trust Actions

  • When: Year two – Jan-Mar
    Who: Dawn Goodman, Withers
  • Failure to satisfy one of the three certainties or the beneficiary principle
  • The trust is a sham failing to impose trustee obligations
  • To acquaint themselves with the nature of the trust property and the terms of the trust
  • To act impartially
  • To invest properly under the terms of the trust instrument and the general law
  • Ability to charge
  • Hastings-Bass principle
  • Problems associated with restitution
  • Injunctions
  • Removal of trustees
  • Gains
  • Evidence
  • Trustee Act 1925, s61
  • Exoneration clauses
  • Limitation
  • Release by the beneficiary
  • The ‘Prudent’ defence
  • Obtaining directions from court
  • Trustee Act 1925, s57
  • Variation of Trusts Act 1958
  • Functions
  • Litigation involving protectors
Disputes as to the validity of trusts
 
The duties of trustees, for example
 
Remedial action
 

Defences
 

Avoiding a breach
 

Use of protectors
 

 

 

 

 

 

Sham Trusts/Asset Tracing

  • When: Year three – Mar-Jun
    Who: Robert Hunter, Herbert Smith
Sham Trusts

What is a sham?

Indicators of a sham:

Forced heirship
  • Community of property
  • Restrictions on testamentary freedom
  • Failing to put beneficiaries first
  • Position of trustees when trust attacked
  • Rights of beneficiaries
  • Basis of challenge
  • Attack by creditors
  • How to challenge
  • Elements of fraud
  • Proprietary remedies
  • Personal remedies
  • The original wrongdoer
  • Recipients of assets
  • Third parties with knowledge
  • Obtaining information from respondent before starting action
  • Obtaining information from third parties
  • Breaking legal privilege
  • Freezing injunctions
  • Tracing injunctions
  • Costs
Problems for trustees
 

Challenging the trust
 

Asset Tracing
The legal basis of claims
 

How to recover assets
 

 

 

 

Alternative Dispute Resolution

  • When: Year two or three

    There is an additional face-to-face session on Alternative Dispute Resolution (ADR). This gives you the opportunity to participate in a role play of a mediation in a trust or wills context. You can choose whether to do ADR in your second or third year.

 

 

 

 

Dates

 

 

Our ACTAPS course commences in October 2016 and study takes place over three years. Delegates have the option of completing the course in just two years by studying years two and three simultaneously. This decision is taken on completion of year one.

Face-to-face sessions are held as evening seminars at our London Moorgate centre or our London Bloomsbury centre (to be confirmed at time of booking) running from 5pm to 7pm. The ADR session is held as an afternoon seminar, running from 2pm to 5pm. Dates to be confirmed after booking.

 

 

Fees

 

The 2016/17 fee is £850 + VAT for each year of the course. Your payment options are as follows:

  • Pay for the full three-year course at time of booking (£2,550 + VAT), or
  • Pay for year one at time of booking (£850 + VAT) and pay for year two (£850 + VAT) and year three (£850 + VAT) prior to course commencement each year

If you plan to choose our fast-track option at the end of year one, you should pay £850 + VAT at the time of booking (to cover year one) and £1,700 + VAT prior to course commencement for year two (to cover years two and three combined).

 

 

  • Book
  • The booking form is now available to download for the course starting in October 2016. To secure a place on the course, please complete the booking form and send it to our address on the form, together with payment. Bookings are accepted on a ‘first come, first served’ basis.

Download the ACTAPS booking form

Important information

We go to great lengths to ensure that the information provided is correct at the time of publication. However, we reserve the right to withdraw or change, for any reason and without notice, any of the programmes and/or to alter tuition fees, locations, entry requirements and/or the facilities and/or services available from or provided by or on behalf of the University. Please note that the choice of subjects may be limited by considerations of timetable, staffing and/or available places on a course.

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