CASE STUDY MATERIALS
January 2015
Level 6
PROBATE PRACTICE
Subject Code L6-21
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 21 – PROBATE PRACTICE*
CASE STUDY MATERIALS
Information for Candidates on Using the Case Study Materials
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This document contains the case study materials for your examination.
In the examination, you will be presented with a set of questions which will relate to
the case study materials. You will be required to answer all the questions on the
examination paper.
You should familiarise yourself with the case study materials prior to the examination,
taking time to consider the themes raised in the materials.
You should take the opportunity to discuss the materials with your tutor/s either faceto-face or electronically.
It is recommended that you consider the way in which your knowledge and
understanding relates to the case study materials.
Instructions to Candidates Before the Examination
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You will be provided with a clean copy of the case study materials in the examination.
You are NOT permitted to take your own copy of the case study materials or any
other materials including notes or textbooks into the examination.
In the examination, candidates must comply with the CILEx Examination Regulations.
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* This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6
PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL
PRACTICE
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CASE STUDY MATERIALS
ADVANCE INSTRUCTIONS TO CANDIDATES
You work in the Private Client Department of Kempstons, The Manor House,
Bedford, MK42 7AB (DX BD345987).
Your supervisor is Chartered Legal Executive, Anita Zaman.
You arrive at work to find the following awaiting your attention:
DOCUMENT 1
Email from Anita Zaman dated 13 January 2015 re Jonathan
Maitland deceased
DOCUMENT 2
Original will of Jonathan Maitland dated 14 October 2000
DOCUMENT 3
Letter from Tony Abbott dated 10 January 2015
DOCUMENT 4
Voicemail message left for Anita Zaman from Marion Pargitter
on 13 January 2015
DOCUMENT 5
Letter from Max Sherman dated 12 January 2015
DOCUMENT 6
Photocopy of David Sherman’s will dated 30 November 2012
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CASE STUDY MATERIALS
DOCUMENT 1
Email from Anita Zaman dated 13 January 2015
Re: Jonathan Paul Maitland deceased
I have a meeting booked in the diary for tomorrow with Elizabeth Maitland
regarding the estate of Elizabeth’s husband, Jonathan Maitland, who died
recently. I would like you to attend the meeting with me.
Elizabeth has brought in Jonathan’s will (see DOCUMENT 2) and has also
provided me with the information below about the family and Jonathan’s assets.
I understand Elizabeth has tried to telephone me this morning. I have tried to
contact her, but we keep missing each other so I will let you know if there is
anything to add to the file before we meet. She did leave a message though, to
say that Christopher Connely is unable to take on the role as executor due to his
own family commitments.
Jonathan Paul Maitland (the deceased)
Jonathan was born on 15 August 1952 and died on 5 January 2015, aged 62.
Lived at The White House, 15 Main Street, Pershore, Worcestershire, WR10 4QS.
Jonathan had two children (both with Elizabeth), Fiona Bishop and Richard
Maitland.
Elizabeth Maitland (Jonathan’s widow)
Lives at The White House, 15 Main Street, Pershore, Worcestershire, WR10 4QS.
Elizabeth is 60. She is an advisor at the local Citizen’s Advice Bureau.
Fiona Bishop (Jonathan’s daughter)
Lives at 23 Manor Avenue, Pershore, Worcestershire, WR10 5KP.
Fiona is 32 years old and has one child, Ivy, aged two. Fiona is an accountant
but is taking a career break at the moment.
Richard Maitland (Jonathan’s son)
Lives at 14 Lansdown Road, Worcester, Worcestershire, WR14 3HJ.
Richard is 34 and is married with two children, Benson, aged five and Guy, aged
three. Richard works for a global charity and often works abroad.
Louise Dowling (Jonathan’s sister)
Lives at 35 Bushy Avenue, Worcester, Worcestershire, WR14 2PQ.
Louise is 58. She has one daughter, Mary, who is 25.
Simon Maitland (Jonathan’s brother)
Simon died last year in a car accident. He was married to Karen and they have
two sons, Daniel, aged 15 and Timothy, aged 17. (Timothy will be 18 on the 28
February 2015).
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CASE STUDY MATERIALS
Peter Maitland (Jonathan’s brother)
Lives at Flat 3, 10 Albion Mews, Evesham, Worcestershire, WR11 9GK.
Peter is 60. He is divorced and has no children. Peter works as an IT consultant.
Jonathan’s Assets
Elizabeth has compiled a list of assets as follows:
The White House, 15 Main Street, Pershore, Worcestershire, WR10 4QS
Owned as joint tenants with Elizabeth.
Recently valued at £750,000 – no mortgage
Personal items of Jonathan – estimated value £10,000
Mint Bank Current Account sort code 30-29-14
Joint Account number 25365490
Held as joint tenants with Elizabeth
Balance at date of death £1,245.30
Mint Bank Current Account sort code 30-29-14
Account number 12576943
In sole name of deceased
Balance at date of death £3,456.70
Homestead Building Society
Deposit Account number 98658790
In sole name of deceased
Balance at date of death £10,034.30
Cash in house – £250
Share portfolio – Stockbroker’s valuation for 5 January 2015
£350,325.56 (All shares in PLCs)
Car – Peugeot Estate – approximate value £15,000
(Elizabeth has her own car)
Classic MG car - estimated value £6,500. This MG was purchased by Jonathan
in August 2006 to replace the one he had owned since he and Elizabeth met.
Jonathan and Peter were MG enthusiasts and so Peter is really pleased Jonathan
has left him his car in the will.
Holiday Cottage, Staithes, North Yorkshire. Jonathan inherited this old
fisherman’s cottage from his father some years ago. Jonathan and Elizabeth
loved the cottage but Jonathan had read that from a tax point of view it would be
better to pass it on whilst he was alive and in good health, so he gave it to Fiona
and Richard in May 2007. At the time, it was valued at £125,000. According to
Elizabeth, she and Jonathan have continued using it because Fiona and Richard
were too busy with work to visit the cottage. More recently it was not very
practical for Fiona and Richard to stay there with their own young children. It
was valued just before Christmas at £150,000.
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CASE STUDY MATERIALS
Lifetime Gifts
Jonathan had made no other lifetime gifts apart from the usual birthday and
Christmas presents.
Debts
Credit card bill - £2,800
Funeral - £4,500
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CASE STUDY MATERIALS
DOCUMENT 2
Original will of Jonathan Maitland
THIS IS THE LAST WILL of me Jonathan Paul Maitland of The White House, 15
Main Street, Pershore, Worcestershire, WR10 4QS dated the 14th day of October
2000
1. I REVOKE all former wills made by me and declare this to be my last will
2. I APPOINT my brother Simon Maitland of 16 Queen’s Road, Worcester,
Worcestershire, WR14 6HB and my good friend Christopher Connely of 14
Cavendish Avenue, Evesham, Worcestershire, WR11 6PJ to be my
executors and trustees (‘my Trustees’)
3. I GIVE my classic MG car free of tax and expenses to my brother Peter
Maitland
4. I GIVE all my personal effects to my wife Elizabeth Maitland
5. I GIVE the sum of ten thousand pounds (£10,000) free of tax to each of
my sister Louise Dowling my said brother Simon Maitland and my said
brother Peter Maitland
6. I GIVE the sum of one thousand pounds (£1,000) free of tax to each of my
nephews and nieces
7. I GIVE the rest of my estate to my Trustees upon trust to pay my debts
funeral and testamentary expenses including all inheritance tax and to
hold the balance (‘my Residuary Estate’) on the following trusts:
7.1
7.2
UPON TRUST to pay the income only to my said wife during her lifetime
SUBJECT TO clause 7.1 UPON TRUST as to both capital and income for
such of my children as shall be living at the death of my said wife and if
more than one in equal shares
Signed by JONATHAN PAUL MAITLAND
In our joint presence and then by us in his
Michael Elam
24 Main Street
Pershore
WR10 4QS
Lois Elam
24 Main Street
Pershore
WR10 4QS
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Jonathan P Maitland
CASE STUDY MATERIALS
DOCUMENT 3
Letter to Anita Zaman received from Tony Abbott dated 10 January 2015
‘Dear Ms Zaman
You were recommended to me by a colleague. You recently drafted wills for him
and his wife.
My mother, Vera Abbott, who is aged 80, would like to make a new will. She has
an existing will which she made herself following the death of my father 10 years
ago. My father died intestate, although most of their property was in joint names
and so mum received the whole of his estate. Mum was advised then that it is
better to have a will. However, a neighbour told her that as long as it was written
down and was witnessed by two people that would be sufficient so she decided to
make her own. The will is quite short and apart from a few gifts to her
neighbours, the will leaves the rest of the estate, including her house, to me, my
brother and sister. My mother mentioned recently that she wanted to update her
will as sadly my brother died last year and some of her friends mentioned in the
will have also died. I thought it better that she visit a solicitor and have it done
properly this time, which is what she would like to do.
My mother is quite frail and has suffered from some health problems. She had a
mild stroke a few years ago but has made quite a good recovery, though recently
she has become less mobile and a little forgetful. I have recently gone through a
divorce and also relocated with work and so I have been able to move into
Mum’s house to live with her and to keep an eye on her and help her get out and
about. This has been a good thing actually as it has taken a lot of the pressure
off my sister, Marion. Most of the looking after of Mum had fallen to Marion as I
was living 50 miles away with my family. Mum’s mind is still active though and
she regularly completes the daily crossword and loves watching quiz
programmes on TV, which she joins in with!
My mother’s assets comprise her house, her personal effects, a couple of bank
accounts and some shares from the company my father worked for which he
received through an employee share save scheme and which she inherited on his
death.
I have set out below some details of the family should this be of help:
Tony Abbott (me) (50) (only living son). Divorced from Helen (48). We have
two children, Grace (10) and Nathan (12). The children are living with Helen
and I am currently living at my mother’s house.
Marion Pargitter (46) (Vera’s daughter/my sister) married to Stuart. They
have three children, Keiran (16), Robert (17) and Laila (18).
Paul Abbott (other son/my brother), died last year. Paul was married to Emily
and they had one child, Wendy (14).
I would like to bring my mother into the office as soon as possible. I will
telephone to make an appointment but in the meantime if you need any further
information from us please get in touch. We can bring Mum’s current will in with
us unless you need this beforehand.
Yours sincerely
Tony Abbott’
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CASE STUDY MATERIALS
DOCUMENT 4
Voicemail message left for Anita Zaman from Marion Pargitter on 13
January 2015.
‘Hello, Marion Pargitter here, Mrs Abbott’s daughter. I understand that my
brother, Tony Abbott, is planning to bring my mother in to see you about making
a new will. Mum has just told me that she is going to leave her house to Tony
alone, rather than to the two of us as provided for in her current will (my brother
Paul has died). I really don’t think this is fair. I have been the one looking after
Mum until recently – it is only because Tony has nowhere else to go that he is
now living with Mum! She says he is likely to have more need now that he is
‘homeless’ as he puts it. It is not as if I am financially well off. Mum is just saying
that she wants to do what is best for us all.’
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CASE STUDY MATERIALS
DOCUMENT 5
Letter to Anita Zaman from Max Sherman dated 12 January 2015
‘Dear Ms Zaman
You may recall you acted for me some time ago in relation to some advice
following the death of my father.
I am writing now as tragically my younger brother, David, died in a boating
accident at the weekend whilst he was away in Tenerife. I will make an
appointment to see you in the next week or so but at the moment the family are
in shock and we are dealing with the funeral arrangements and arranging to
bring David’s body home. Fortunately, he had travel insurance so we are covered
in terms of the costs of repatriation.
David had become quite depressed following the break-up, about 8 months ago,
of a long-term relationship. We understand his partner, Judith, wanted to get
married and have children but David wasn’t sure. He took the break-up very
hard. He decided he needed a complete change so he decided to sell his business
and go off to Tenerife to have some thinking time.
We thought David was quite well off financially. As you know, we each inherited
£50,000 worth of shares from our father just over two years ago. David also had
an internet business (he was a sole trader) but he stopped trading 6 months ago
and sold his freehold business premises for around £300,000. He had had the
business for around eight years, was doing well and the property had increased
in value considerably.
David had been living with Judith and so had no residential property of his own.
After the split, he stayed with friends and the family. When he went away, he
deposited a large box of papers at my mother’s for safe keeping; and apart from
friends who knew where he was, he had all his other post directed to my
mother’s address and she had been forwarding it on. Obviously we have now
started to open his post and it appears he had some considerable debts which,
whilst a surprise, hopefully should not be a problem. Business creditors are owed
£30,000. He has credit card bills outstanding of £3,800. The funeral account is
£6,600.
In the meantime, I have been trying to establish what he did with the proceeds
from the business sale and the shares he held.
I was in our local pub the other evening talking to one of David’s old friends and
he said that before he went away, David had been considering investing a large
sum of money in a new venture with one of the regulars in the pub. It seems
though that the business venture failed spectacularly. The individual concerned
has disappeared, unsurprisingly!
In terms of other assets, David had few possessions. He gave any household
items to Judith. He left most of his personal belongings at my mother’s. We
estimate these might be worth around £5,000 in total.
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Page 9 of 12
CASE STUDY MATERIALS
We have found a life insurance policy in David’s name which seems to be for the
sum of £70,000 and £400 in his bank account. It looks from his bank statement
that he had started off with a larger sum but was living off this account whilst in
Tenerife. We have looked everywhere and cannot find any other bank accounts
or any reference to what happened to David’s other money. There is the
possibility that it has all been lost in the failed venture! My main concern at the
moment is that I believe that as executor I am personally liable to pay the debts
and distribute the estate.
There has been another great shock for the family. Judith turned up at the
funeral and told me that she had given birth to David’s child a month ago. It
seems David did find out about the baby just before the accident and he was
planning to come home, but he had not told the family. I have no reason to
doubt what Judith is saying as I always found her to be absolutely honest and
trustworthy.
David made a short will following our father’s death (copy enclosed). (See
Document 6.)
I do recall that when David was sorting everything out with the business he
mentioned that he needed to think about changing his will but it never came up
again and I forgot about it. As it stands Judith is provided for, though there is the
issue of how much money there actually is!
I am not sure if David made the will with your firm and if you hold the original
and, or, if he did get around to changing it. Please could you check?
I will make an appointment to see you in the next week or so and I will continue
to search for any other information and let you know.
Many thanks
Kind regards
Max Sherman’
Page 10 of 12
CASE STUDY MATERIALS
DOCUMENT 6
Photocopy of David Sherman’s will
THIS IS THE LAST WILL of me DAVID SHERMAN of Flat 3, City Heights, Fulstead,
Milton Keynes, Buckinghamshire, MK9 4PJ dated 30 November 2012
1.
I REVOKE all former wills made by me
2.
I APPOINT my brother MAX SHERMAN of 28 Broomhill Drive, Luckington,
Bedfordshire, MK4 9EX to be my executor and trustee (‘my Trustee’)
3.
I GIVE my personal belongings to my mother AMELIA SHERMAN of 4
Crossley Street, Woburn, Bedfordshire, MK17 3TQ free of tax and costs to
keep herself or to distribute as she would like
4.
I GIVE the sum of Twenty Five Thousand Pounds (£25,000) absolutely and
free of tax to each of my brother MAX SHERMAN and my sister NAOMI
SHERMAN of 22 West Park Road, Cardington, Bedfordshire, MK44 8HB
5.
I GIVE the rest of my estate to my Trustee upon trust to pay my debts
funeral and testamentary expenses including all inheritance tax and all
legacies and to hold the balance (‘my Residuary Estate’) on the following
trusts:
5.1 TO PAY one third of my Residuary Estate to my brother MAX SHERMAN
5.2 TO PAY one third of my Residuary Estate to my sister NAOMI SHERMAN
5.3 TO PAY one third of my Residuary Estate to JUDITH KRAMER of Flat 3, City
Heights, Fulstead, Milton Keynes, Buckinghamshire, MK9 4PJ
Signed by the said DAVID SHERMAN in our joint)
David Sherman
presence and then by us in his)
M Pitter
Matthew Pitter
Flat 7, City Heights,
Fulstead, Milton Keynes, MK9 4PJ
Joanne Pitter
Flat 7, City Heights,
Fulstead, Milton Keynes, MK9 4PJ
J Pitter
End of Case Study Materials
© 2015 The Chartered Institute of Legal Executives
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CASE STUDY MATERIALS
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