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Individual Podcasts

Till Death Us Do Part: How Effective Are Mutual Wills?

Mutual Wills are often seen as a means of achieving testamentary certainty, particularly for blended families, or where parents wish to benefit their common children in a particular way. In this program, barrister Andrew Verspaandonk, from the Victorian Bar, reviews, through the c

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About the Podcast

Mutual Wills are often seen as a means of achieving testamentary certainty, particularly for blended families, or where parents wish to benefit their common children in a particular way. In this program, barrister Andrew Verspaandonk, from the Victorian Bar, reviews, through the case law, the rules relating to mutual Wills, and testamentary promises generally, and the advice that testators need before choosing the mutual Will option.

[36.08 minutes] [0.60 CPD units]

Presented By

Andrew Verspaandonk
Barrister, Green's List Barristers Melbourne, Vic

Andrew Verspaandonk is a member of the Victorian Bar and a member of STEP. He signed the Bar Roll in 2000 and after a wide initial practice has since has developed a practice almost exclusively centered on Wills and Estate litigation of various kinds in the Supreme and County Courts, as Counsel and as Mediator. Cases appeared in includeNicholson-v-Knaggs [2009] VSC 64 (the “Betty Dyke” Litigation) in 2008, one of the longest running Testamentary Capacity and Undue Influence trials in Victoria, Sinclair-v-Moss [2006] VSC 130, relating to the review of trustees’ discretions. Simpson-v-Cunning [2011] VSC 466 which confirmed the departure of Victorian law from the rule established in Re: Slater [1907] 1 Ch 665 with regard to ademption of property alienated by attorneys. He has also appeared in the Supreme Court of Nauru (sitting in Melbourne and Nauru) retained on behalf of the Republic of Nauru in estate related litigation. He has extensive mediation experience both as Counsel and as Mediator in Supreme Court and County Court proceedings. Rate of resolution of matters mediated is over 90%.

He has given many presentations and contributed articles on various aspects of Wills and Estates law in Victoria, interstate and overseas on behalf of various Law Societies and their journals, Law Associations, STEP, Leo Cussen Institute, Capacity Australia and private CLE providers.

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