Making and Challenging a Will: A One Day Succession Law Masterclass

This masterclass has been designed for NSW succession lawyers and focuses on Wills – from making them to challenging them.

Making the Will

• The Rise and Rise of Informal Wills - from video recordings, post-it notes, and unsent text messages, what has been admitted into probate in recent years may well surprise probate lawyers with long memories. This session looks at legal challenges created by the use of technology in will making.

• Too Ill to Will? Bedside Wills and Testamentary Capacity - when wills become urgent, practitioners need to not only act fast, but also manage risk in difficult circumstances. This session looks at the key issues in urgent wills, with a focus on lessons from recent case law.

• Statutory Wills and Testamentary Capacity in the Spotlight - the Supreme Court of NSW has had jurisdiction to authorise the making of a statutory will for a person who does not have testamentary capacity since the commencement of the Succession Act 2006 (NSW) on 1 March 2008 but the jurisdiction is still developing, and each case is different.

Challenging the Will

• Challenging Wills for Lack of Knowledge and Approval - the requirement that a testator know and approve the contents on their will is a separate and distinct requirement for validity. It is being increasingly used as a weapon by disappointed beneficiaries where it is not possible to prove a lack of capacity or undue influence. This session examines the interplay between complex wills and alleged lack of knowledge and approval.

• All in the Family - Complex Family Provision Claims - recent case law in family provision matters highlight the complexity of modern family arrangements and the willingness of disgruntled parties to stake a claim in the deceased’s estate. This session provides a round-up of recent cases and the lessons they contain for practitioners.

• The Costs of Contentious Probate: Who Foots the Bill?in general litigation the rule is that costs usually follow the event. This is not always the case in contested probate matters. With a spate of recent cases, including a High Court decision, it’s never been more important for practitioners to understand cost risk and how to factor it into your decision-making.