KSL ATP Probate study materials
KSL ATP Probate study resources

KSL ATP Probate: Estate Planning, Trusts and Family Provision

KSL ATP Probate · Work through your exam, one topic at a time.

All guide sections

Estate Planning, Trusts and Family Provision

Core concepts

Estate planning uses wills, trusts, lifetime gifts, insurance and nominations to achieve the testator's objectives efficiently. Understand the main trust structures: fixed, discretionary, bare, and charitable trusts, and the use of life interests and powers of appointment.

Family provision

Family provision legislation allows certain dependants - spouse, children, and sometimes others - to apply to the court for reasonable provision from the estate where the will or intestacy fails to make adequate provision. The court considers the applicant's needs, the size of the estate, the testator's moral obligations, and the claims of other beneficiaries.

Traps

Questions test time limits for family provision claims, the classes of eligible applicants, and the effect of a testamentary contract or mutual will. They also test the rule against perpetuities and the accumulation rules, and the tax consequences of lifetime gifts versus testamentary gifts.

Worked example

A testator leaves everything to a charity, ignoring a dependent child. The child may apply for family provision; the court balances the testator's testamentary freedom against the child's need.

Rule of thumb

Identify the objective, then the vehicle (will, trust, gift), then the tax and family-provision consequences.