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 Drafting Watertight Wills – a live lunchtime online conference

Online Conferences,Wills and Succession Law,Drafting Watertight Wills – a live lunchtime online conference
Wednesday 27th October 2021
Vic, NSW, ACT, Qld, Tas: 12 noon to 2.45pm
SA/NT: 11.30am to 2.15pm
WA: 10am to 12.45pm
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Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: Knowledge and Approval and Testamentary Capacity: Getting it Right from the Starting Block

Objections to a will being admitted to probate are generally based on either the testator lacking testamentary capacity, or failing to know and approve the particular will. Disputes can be complex and the costs substantial. This session examines how succession lawyers can prevent these types of disputes at the will-making stage, including:

  • Testator’s knowledge and approval essential to validity – what are the parameters?
  • Relationship between testamentary capacity and knowledge and approval
  • Evidentiary burdens in testing capacity – an overview
  • Assessing whether the will is the product of a free and capable mind
  • Assessing capacity remotely and in person – differences in evidentiary burden
  • Communicating with client over capacity assessment
  • Recording of initial mental capacity assessment
  • Determining when to refer for further assessment
  • When capacity is at issue – key dos and don’ts of solicitors
  • Case update

Session 2: The Dangers of Joint Ownership in the Succession Plan

Joint tenancy is often used by couples as a means of owning shared assets, such as the family home. While joint ownership and the right of survivorship can work well for couples in long-standing relationships, complications can arise when dealing with blended families, or assets jointly owned by parent and child. This session examines the complexities, including:

  • Joint tenancy v tenants in common – when are they appropriate?
  • Survivorship rights and bank accounts – does joint signatory equate to joint owner?
  • When is a joint account regarded as an estate asset?
  • Family law consequences of joint ownership
  • Joint ownership and Centrelink and tax consequences
  • Case study: blended families and joint ownership
  • Case update, including Gambacorta v Di Giovanni [2021] NSWSC 61

Session 3: Drafting Effective Testamentary Trusts

There are numerous benefits for both the testator and beneficiaries in the creation of a testamentary trust for the holding and distribution of estate assets and income after death. The establishment and ongoing arrangements for a trust to be set up in the will requires care in drafting to avoid problems down track. This session details the essential provisions of a testamentary trust arrangement, including:

  • Circumstances for including a testamentary trust in the will
  • Key clauses to include
  • Powers, appointment and removal of a trustee
  • Defining the class of beneficiaries and managing those who pre-decease the testator
  • Specifying assets to be held in the trust and their ongoing management
  • The elements of trusts for a special purpose eg disability or special need
  • Inclusion of “opt out” provisions
  • Administrative and legal requirements for setting up the trust

Ed Skilton, Principal, Sladen Legal, Melbourne (Chair)

Max Williams, Senior Associate, Accredited Specialist Wills & Estates Law (NSW), De Groots, Sydney

Lucy McPherson, Senior Associate, Attwood Marshall Lawyers, Brisbane

Kim Boettcher, Barrister, Frederick Jordan Chambers, Sydney

  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • Our team used the boardroom.  We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did.  All from the comfort of our own office.
  • The conference was well organised and the email links very useful.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units/points (substantive law).


If you register and pay by 8th October 2021 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: [email protected]

© Television Education Network Pty Ltd 2021

Product Code: OWDOCT21
 Price:   $495.00 (Inclusive of GST)