2. Will Instructions, Capacity and Risk
Take independent instructions, identify the estate and family context, assess capacity and knowledge and approval, and control undue-influence and negligence risks.
How to study the CPQ Advanced stage
Prepare each separately assessed component on its own terms, then connect legal analysis, client judgment, drafting, accounts and research across the route.
Core concepts
Concept 1
A will-taking retainer requires identity, assets, liabilities, family, prior wills, objectives and tax context.
Exam cue: Build an asset, liability, ownership and beneficiary schedule.
Concept 2
Testamentary capacity, knowledge and approval, undue influence and fraud are distinct validity issues.
Exam cue: Record the evidence supporting capacity and free intention.
Concept 3
Risk management requires independent instructions, contemporaneous records, timely execution and appropriate supervision.
Exam cue: Identify disappointed-beneficiary and delay risks early.
Risk pitfalls and guardrails
Taking dispositive instructions from the proposed beneficiary.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Treating diagnosis as conclusive proof of incapacity.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Leaving execution until an avoidable delay becomes critical.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Memory anchors
Will interview
Client, family, assets, ownership, objectives, tax and risks.
Validity
Capacity, intention, knowledge, approval, freedom and formality.
Risk record
Advice, reason, evidence, instruction, action and deadline.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
An elderly client attends with a daughter who answers every question. What should the will-taker do first?
A client understands making a will and the property owned but forgets minor recent events. Which capacity approach is correct?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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