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Recorded Webinars

Recorded Webinar: Knowledge and Approval of Wills – Recent Legal Developments

A court must be satisfied that a testator knew and approved of the contents of a will before a grant of probate. Recent developments in case law have given a new slant to what is required. This session brings you up to date. The presumption of knowledge an
PRESENTED BY Lindsay Ellison SC Barrister - Wardell Chambers , Sydney

Date/Time

About the Webinar

A court must be satisfied that a testator knew and approved of the contents of a will before a grant of probate. Recent developments in case law have given a new slant to what is required. This session brings you up to date.

  • The presumption of knowledge and approval on an executed will
  • The type of evidence required to rebut the presumption of knowledge and approval
  • Doctrine of suspicious circumstances – Church v Mason [2013] NSWCA 481
  • How can you ensure the will maker understands the content and effect of the will?
  • The relationship between testamentary capacity and knowledge and approval
  • Case update:
    • Estate El Chami; Habib v El Chami [2016] NSWSC 1208
    • Estate Cockell; Cole v Paisley [2016] NSWSC 349
  • Case study – lessons from the ongoing MacArthur Onslow case

Presented By

Lindsay Ellison SC
Barrister, Wardell Chambers Sydney, NSW

After a short and uneventful career as a suburban solicitor, Lindsay was called to the Bar in 1985. He became a Senior Counsel in 2005. He practises principally in Equity and Probate and has appeared in many leading NSW Wills and Estates cases. He frequently lectures barristers and solicitors, and occasionally Judges, on aspects of law and practice. He is an accredited Mediator under the Australian Mediation Accreditation System.

In 2015, Doyle’s Guide listed Lindsay as a leading Senior Counsel in NSW Wills and Estates litigation. In 2016, he became pre-eminent. He is not sure why. In 2017, 2018 and 2019 that status was continued. In 2020, 2021 and 2022, he is the Market Leader.

In May 2016, he delivered the Sir Ninian Stephen Lecture for Equity Trustees Limited.

Lindsay is a former Secretary-General and later Vice President of the Australian Academy of Forensic Sciences, and a longtime member of the Australian Skeptics, the Samuel Griffith Society, the Sydney Institute, the Centre for Independent Studies, and the Goon Show Preservation Society.

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.

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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