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Recorded Webinars

Recorded Webinar: Double Trouble? The Perils and Pitfalls of Mutual Wills

The benefits of mutual wills can be significant, but in practice mutual wills have their problems and limitations in terms of drafting, enforcement and family impact. This session will examine those issues and provide guidance to practitioners in how to navigate and minimise the
PRESENTED BY Justine Taylor Principal Director - Uther Webster & Evans , Sydney

Date/Time

About the Webinar

The benefits of mutual wills can be significant, but in practice mutual wills have their problems and limitations in terms of drafting, enforcement and family impact. This session will examine those issues and provide guidance to practitioners in how to navigate and minimise the risks, including:

  • In what circumstances should mutual wills be considered?
  • A deep dive into the advantages and disadvantages
  • How binding are mutual wills?
  • Can one party change or revoke their mutual will without the consent of the other party?
  • Who can bring an enforcement action against the will - maker and at what stage?
  • What are the consequences of a surviving party dealing or reducing the assets referred to in a mutual will?
  • Alternative options for protecting assets and ensuring disposal intentions are met
  • Can a mutual will defeat a family provision claim? Stanford v Stanford [2021] NSWSC 1469
  • Do practitioners have a conflict of interest in drafting mutual wills for both parties?
  • Drafting tips for mutual will provisions
  • Recent cases, including Forster v Forster [2022] QSC 30

Presented By

Justine Taylor
Principal Director, Uther Webster & Evans Sydney, NSW

Justine joined Uther Webster & Evans in 2004, and holds a Bachelor of Laws (First Class Honours) and Bachelor of Psychology.

Justine became a Partner of Uther Webster & Evans in 2015, and is now a Principal Director.

Justine’s primary practice and passion is in the area of estate planning and estate litigation, including complex wills, probate, contested estate litigation, protective list applications, general equity, estoppel and trusts. Justine also has a strong background in general practice including, crime, commercial and corporate litigation. Justine is also a member of STEP.

Since 2016, Justine has been listed by Doyles as a Recommended and Leading Wills & Estates Litigation Lawyer (NSW).

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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