Wills Skills Drafting Essentials (NSW)
Date/Time
4 March 2025
9.00am to 12.30pm AEDT
Live & Online
About the
College of Law Courses
This program is delivered by TEN The Education Network partner – The College of Law.
For further information and to view the full program description please select the Further Information and Purchase" button above.
In this half-day online webinar, you will have the opportunity to learn the fundamental principles involved in taking instructions and drafting a will.
At the end of the webinar, you will be able to:
- Understand the need to keep proper records and file notes
- Advise as to the appropriateness of making a temporary will pending formal execution
- Consider the issues that arise with specific clients such as the frail and elderly and those who cannot read or understand English
- Be aware of your client and the needs of those who may be under the influence of others
- Recognise estate and non-estate assets
- Be aware of the need to and means of ascertaining the client’s property and intended beneficiaries, and
- Understand the importance of advising as to the potential executor and their suitability.
9.00am: Login/Welcome
9.05am: Framework for succession law and testamentary capacity, undue influence and fraud
- What is succession law and relevant legislation?
- Interstate succession
- Characteristics of a will
- Contracts to leave property upon death
- Mutual wills
- Who can make a will
- Knowledge and approval
- When capacity may be in doubt
- Statutory wills, undue influence and fraud
10.05am: Solicitor duties – capacity in doubt and giving advice
- How to approach the client when capacity is questionable
- Giving advice as identified in Badendach v Calvert; Hill v Van Erp
10.20am: Break
10.30am: Structure of a will
- Additional clauses and provisions?
- Revocation of earlier wills
- Marriage and divorce
- Appointment of executors and trustees/guardians of minor children
- Gifts – charity, residuary, money, personal property or real property
11.15am: Asset identification
- Common ownership disputes
- Identifying assets and taking instructions
- Non-estate assets – company assets
- Companies – passing control upon death
- Passing control of a discretionary trust
11.45am: Break
11.55am: Non-estate assets and solicitors’ duties – will drafting
- Equalisation in a will and passing control/benefit
- Self-managed super funds and superannuation taxation implications
- Interim wills
- Identifying beneficiaries and nominating an executor
12.30pm: Q&A and Close
Who should attend
This live webinar is ideal for solicitors in general practice, lawyers and specialists in commercial law, elder law, wills and estates, property law, medico law, estate planning specialists, probate lawyers and staff, family law practitioners and new solicitors (years 1-5 in practice).
CPD information
3 CPD units - professional skills