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Individual Podcasts

Be Careful What You Wish for: Letters of Wishes in the Firing Line

A letter or memorandum of wishes accompanying a will or inter vivos family trust can be a helpful tool for an executor or trustee, but also have the potential to cause discontent and lead to challenges. This session provides a tool kit for practitioners in drafting letters/memoran
PRESENTED BY Paul Evans Partner - Makinson d'Apice Lawyers , Sydney

Date/Time

About the Podcast

A letter or memorandum of wishes accompanying a will or inter vivos family trust can be a helpful tool for an executor or trustee, but also have the potential to cause discontent and lead to challenges. This session provides a tool kit for practitioners in drafting letters/memorandums of wishes and a guide to avoiding the problems that can accompany these personal letters, including:

  • When should a will - maker complete a statement of wishes regarding his/her will or inter vivos family trust? Advantages and disadvantages discussed
  • Timelines for creation and review of a statement of wishes
  • What matters should be included and in what detail?
  • What matters should not be included?
  • Drafting tips and traps including using statements to explain exclusions and intentions in gifting
  • What form should the statement take? Does it need to be signed or sworn?
  • Are statements of wishes confidential and who can they be disclosed to?
  • To what extent are statements bindings on the executor and how should they be treated?
  • Does a statement of wishes form part of probate?
  • Key lessons from cases

Presented By

Paul Evans
Partner, Makinson d'Apice Lawyers Sydney, NSW

Paul Evans has over 30 years' experience in providing legal services to private clients, specialising in wills and estate planning, disputes to wills, protecting assets for future generations and estate administration.

He is an Accredited Specialist in Wills and Estates Law and is a member of the Society of Trust and Estate Practitioners.

For the past 4 years, Paul has been listed in the Doyles' guides as one of the leading lawyers in the area of Leading Wills, Estates & Succession Planning in NSW. In 2023 he was ranked by Doyles' as being a pre-eminent lawyer in the area.

He is highly experienced in assisting a range of clients including high net worth individuals in transferring and protecting their wealth and during his time in London he specialised in inheritance tax mitigation.

CPD Information

0.4 CPD units

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