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78047
Individual Podcasts

Knowledge and Approval and Testamentary Capacity: Getting it Right from the Starting Block

For a Will to be valid, and admitted to probate, the propounder of the Will has the burden of proving that not only that testator had testamentary capacity, but also of that the testator had knowledge of and approved the Will. In this program, barrister Andrew Verspaandonk, from t
PRESENTED BY Andrew Verspaandonk Barrister - Green's List Barristers , Melbourne

Date/Time

About the Podcast

For a Will to be valid, and admitted to probate, the propounder of the Will has the burden of proving that not only that testator had testamentary capacity, but also of that the testator had knowledge of and approved the Will. In this program, barrister Andrew Verspaandonk, from the Victorian Bar, through the case law, looks at when these requirements may represent major stumbling blocks to proving a Will, and the role of the solicitor in ensuring that not only that the requirements are met, but there is evidence to prove they are met.

38 minutes / 0.6 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.

CPD Information

0.63 CPD Hours

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