10 Point Wills and Estates Masterclass e-book

Creating the Succession Plan

• Session 1:  Knowledge and Approval and Testamentary Capacity: Getting the Foundations Right - In the realm of wills and probate, objections to the admission of a will often revolve around challenges to the testator's testamentary capacity or their failure to fully comprehend and approve the specific contents of the will. This session delves into the proactive measures succession lawyers can employ during the will-making process to minimize the likelihood of such disputes.
   
• Session 2:  Walking the Tightrope in Mutual Will Drafting - In theory, mutual wills provide blended families with some certainty following the death of the respective will-makers, but in practice drafting mutual wills requires considerable planning and drafting precision. This session provides a guide to practitioners on practicalities and challenges in drafting mutual wills.
   
• Session 3:  Changing of the Guard: Precision Drafting in Trust Appointments - In recent times the courts have been far more willing to critically assess and render invalid appointments made supposedly in accordance with the provisions of a trust deed. This usually has dire consequences for both officers and beneficiaries. This session will provide guidance on drafting effective appointment provisions in trusts.

Attacking the Will

• Session 4:  Three Claims And A Court: The Intersect Between Constructive Trusts, Promissory Estoppel And Family Provision Claims - The facts of contested estate matters often give rise to multiple, and overlapping, legal and equitable claims. There can be a tendency for claims to be bundled together and evidence led without specific reference to the legal or equitable claim to which it relates. Running cases along these lines is fraught with danger – not only for the success of the matter but for the solicitor who risks running a case without the requisite evidence to ground one or more of the claims.
   
• Session 5:  Adding Up the Costs in Estate Litigation - Courts have a discretion when ordering costs, and it is a misconception that the estate will always pay the costs of litigation. This session will look at the changing nature of cost allocation and orders in estate litigation.
   
• Session 6:  Negotiating and Drafting Terms of Settlement in Wills and Estate Matters - Negotiating and settling wills and estate disputes require refined skills. This session looks at what these are, with practical advice on implementation.