Wills Skills - Drafting Essentials (NSW)
Date/Time
05 March 2024
Online
9.00am - 12.30pm AEST
About the
College of Law Courses
This program is delivered by The Education Network partner - The College of Law.
In this half-day online seminar, you will have the opportunity to learn the fundamental principles involved in taking instructions and drafting a will.
Facilitated by Accredited Wills and Estates Specialist Katelin Whitley, this seminar will provide you with the materials and understanding of the practice and procedure of will drafting.
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
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).
This webinar is produced in NSW and features a NSW-based practitioner. The webinar is available to all NSW based practitioners.
The program
9.00am: Login and welcome
Presented by: Katelin Whitley, Principal – Accredited Wills & Estates Specialist, Bestic Law
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: Morning 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: Morning 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
CPD information
Professional Skills - 3 points
Practitioners holding WA practising certificates are not eligible to earn CPD points for this course.