Why preparation matters

Willwriting is a technical area of practice. Clients rely on practitioners to understand not only what they want to achieve, but also the legal effect of the instructions being taken.

A well-drafted Will should reflect the client’s wishes clearly, but it must also be legally effective, properly structured, and capable of standing up to scrutiny after death.

For Associate members, exam preparation should therefore focus on more than knowing the “right answer”. It should include understanding why that answer is right, what risks may arise, and what should be clarified before a Will is drafted.

Start with the fundamentals

Before moving into more complex planning, it is important to have a firm grasp of the core principles that underpin every Will.

Areas worth revisiting include:

• testamentary capacity;
• knowledge and approval;
• undue influence and pressure;
• the formal requirements for a valid Will;
• revocation and alteration;
• executor appointments and responsibilities;
• guardianship clauses;
• specific, pecuniary and residuary gifts;
• substitutional provisions;
• basic trust structures within Wills.

These may feel familiar, but they are often where avoidable mistakes arise. A missed residue clause, unclear substitutional wording, or poorly considered executor appointment can create significant problems later.

Think like a practitioner, not just a candidate

In practice, clients rarely present neat, exam-style facts. They may be unsure what they own, unclear about family relationships, or unaware of the consequences of what they are asking for.

Good preparation means training yourself to ask:

• What is the client trying to achieve?
• Is the instruction clear enough to draft from?
• Are there any risks or red flags?
• Could this gift fail?
• What happens if a beneficiary dies before the testator?
• Is there anyone who may expect to benefit but is being excluded?
• Is further information or specialist advice needed?

Common areas where candidates lose marks

While every assessment is different, there are recurring areas where candidates can weaken otherwise good answers.

These include:

• failing to deal clearly with the residue of the estate;
• not considering what happens if a beneficiary predeceases;
• using wording that creates ambiguity;
• overlooking jointly owned property;
• failing to identify possible capacity or undue influence concerns;
• not recognising when a trust may be required;
• confusing the roles of executors, trustees, guardians and attorneys;
• not explaining the practical consequences of a clause.

Many of these issues are not about obscure legal knowledge. They are about accuracy, clarity and careful application of the basics.

Review client scenarios carefully

Scenario-based questions are designed to test how you apply your knowledge. The key is to avoid rushing straight into drafting or answering before identifying the relevant facts.

Look carefully for details such as:

• marital status;
• children from previous relationships;
• minor or vulnerable beneficiaries;
• business or agricultural assets;
• foreign property;
• estranged family members;
• potential inheritance tax concerns;
• existing Wills or LPAs;
• jointly owned assets;
• digital assets or unusual property.

These details are often included for a reason. They may affect the advice given, the clauses used, or the risks that need to be recorded.

Practise explaining, not just answering

A strong willwriter must be able to explain technical points in a way clients can understand. This is also useful preparation for assessment.

If you can explain a concept clearly, you are more likely to understand it properly.

Try practising short explanations of common topics, such as:

• why a residue clause matters;
• the difference between executors and trustees;
• why a trust may be useful for a minor beneficiary;
• what happens if someone dies without a Will;
• why capacity should be considered carefully;
• why equal division is not always straightforward.

Use revision to strengthen your practice

Exam preparation should not be treated as a one-off hurdle. Done properly, it can improve your day-to-day work.

Revisiting core principles can help you:

• take clearer instructions;
• spot risks earlier;
• draft with greater precision;
• explain options more confidently;
• keep better attendance notes;
• recognise when a matter falls outside your expertise.

It also reinforces the professional standards expected of IPW members and supports better outcomes for clients.

Final preparation tips

In the days leading up to an exam or refresher assessment, focus on structured preparation rather than last-minute panic.

• Review the core topics first.
• Practise applying principles to realistic client scenarios.
• Check your understanding of key terminology.
• Revisit common drafting errors.
• Think carefully about risk, suitability and client objectives.
• Do not ignore the basics — they are often where marks are gained or lost.

Most importantly, approach the process as a professional development opportunity, not simply an exam requirement.