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e-books & papers

Wills and Estates Online Masterclass E-Book

What, When and How: Knowledge and Approval in Estate Litigation The case of Lewis v Lewis highlighted the challenges of overturning the presumption of knowledge and approval, even where capacity may not be an issue. This session will examine the importa

Date

22-03-2023

About the eBook

  • What, When and How: Knowledge and Approval in Estate Litigation
    • The case of Lewis v Lewis highlighted the challenges of overturning the presumption of knowledge and approval, even where capacity may not be an issue. This session will examine the important lessons from this case for succession lawyers.
  • Be Careful What You Wish for: Statements 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/memorandums of wishes and a guide to avoiding the problems that can accompany these personal letters.
  • 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 risks.
  • In for a Penny, In for a Pound: Family Provision Claims and Non - Biological Children
    • The concept of a family has greatly changed over the last few generations and, further complicated by assisted reproduction technology, the issue of who is a child has become far more complex. This session will examine the availability of potential claims against an estate by a person who is not a child of the deceased in a traditional sense.
  • Testamentary Trusts: Holding Trustees to Account in Discretionary Decision-Making
    • Being a trustee of a testamentary trust brings with it great responsibility and sometimes onerous obligations. While in most cases the duties are carried out in accordance with the law and testamentary powers, the courts have also had to deal with decision-making that goes beyond the powers and even into the realm of bad faith. This session will explore the duties of trustees and examine cases where the courts have had to intervene to remedy the situation.
  • Disapproval and Removal: Showing Executors the Door
    • Courts are more willing to deal with executor bad behaviour than they have been in the past, but it’s no easy feat and can impose a heavy toll on family relationships and the management of the estate. This session will explore the options and processes involved in executor removal.
 

The Faculty

Angela Cornford-Scott, Director, Cornford-Scott Lawyers, Brisbane, QLD

 

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

 

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

 

John Armfield, Barrister and Mediator, Wentworth Chambers, Sydney, NSW

 

Hayley Mitchell, Partner, Cooper Grace Ward Lawyers, Brisbane, Qld

 

Lucy McPherson, Special Counsel, Attwood Marshall Lawyers, Gold Coast, Qld

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Customer Service Officer, Natasha De Paola on (03) 8601 7721 or email: [email protected]

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