This eCourse will be accessible from 6 July 2020 to 23 August 2020.

This is Unit 10 of the training programme in pursuing the “Trust Training Certificate”.

This eCourse is developed in relation to the special arrangement for the participants joining the TTC Part B training in June and July 2020. It is prepared based on the recorded version of the last class (face-to-face mode) of Unit 10 done on 22 May 2019. For the participants who will take the TTC Part B Examination in August 2020, you should ensure you read the latest version of study guide and materials provided via the examination enrolment link.

It consists of two modules:
Module 15: Testamentary Issues - Wills
Module 16: Other Testamentary Issues

The two modules are not of equal weight. Therefore, this eCourse is divided into two parts, each of around 1.5 hours long. For each part, you must watch the recorded video and then pass the assessment (with unlimited attempts).

On completion of the course, you will be able to:
1. Understand the importance of making a will
2. Understand what is meant by testamentary capacity and be able to list the requirements
3. Be aware of and explain the need for care in the drafting of a will, in order to avoid disputes
4. List the information to be contained in a will
5. Understand the interplay between trusts and wills and be able to explain the differences and where each is appropriate
6. Explain the issues in regard to multi jurisdiction assets and the need for multiple wills
7. Understand and explain the limitations of testamentary trusts/ standby trusts
8. Understand be able to explain the legality of marriage in HK
9. Be able to explain the concept of ‘community of property’
10. Be able to list and describe the various types of Nuptial Agreements and requirements for validity and treatment by the courts
11. Understand and describe the concepts of express, resulting and constructive trust
12. Understand and explain when property under a discretionary trust might be treated as community property /a financial resource
13. Current court cases and in relation to trusts

Module 15: Testamentary Issues - Wills
1.The reasons and need for making wills
2. Can a trust be used instead of a will to avoid probate?
3. The nature and use of limited wills
4. The usual content of wills
5. Information to be kept with wills
6. Multiple jurisdiction wills and probating
7. Testamentary trusts versus inter-vivos trusts
8. Standby trusts

Module 16: Other Testamentary Issues
1. Marriage & Common law spouses / partnership relationships
2. Community of property and financial resource property
3. Nuptial agreements and their implications
4. Matrimonial property and resulting, constructive and family trust issues
5. The above issues are set in the context of relevant HK Law and relevant legal cases

The course is primarily targeted to those who would like to pursue “Trust Training Certificate” in order to apply for the Hong Kong Trustees’ Association Certified Trust Practitioner™ designation.

It is also relevant to those who would like to gain a solid understanding of the course subject matter and / or those who plan to enter the Trust industry sector.