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100210
Individual Podcasts

How High the Bar? Satisfying the Knowledge and Approval Test

Practitioners can pat themselves on the back having successfully navigated the testator capacity hurdle, only to fall at the next post – satisfying the high bar for knowledge and approval. This session will explore past and recent cases and provide guidance to practitioners on how
PRESENTED BY Anthea Kennedy Partner, Accredited Specialist Wills and Estates - Bridges Lawyers , Sydney

Date/Time

About the Podcast

Practitioners can pat themselves on the back having successfully navigated the testator capacity hurdle, only to fall at the next post – satisfying the high bar for knowledge and approval. This session will explore past and recent cases and provide guidance to practitioners on how to best ensure their clients understand and approve the contents of their testamentary instruments, including:

  • What does knowledge and approval require? Tobin v Ezekiel (2012) 83 NSWLR 757
  • Can a testator have capacity but be unable to know and approve?
  • Is there a presumption of knowledge and approval?
  • What evidence is required to raise doubt or suspicions?
  • Who bears the onus of proving knowledge and approval?
  • What evidence will the court consider? Mekhail v Hana [2019] NSWCA 197
  • What are the remedies where knowledge and approval cannot be established?
  • Practical steps for ensuring knowledge and approval by clients
  • Is video recording a client a fail-safe action?
  • Recent cases discussed including Estate Rofe [2021] NSWSC 257; Lewis v Lewis [2021] NSWCA 168; Gooley v Gooley [2021] NSWSC 51; Star v Miller [2021] NSWSC 426

Presented By

Anthea Kennedy
Partner, Accredited Specialist Wills and Estates, Bridges Lawyers Sydney, NSW

Anthea has been in practice as a solicitor since 1992. She has presented seminars and workshops in the areas of Wills and Estates law from 2002 onwards.

Her work is mainly litigation, a high proportion of which is contested Probate, Family Provision cases and other Equity work together with estate planning advice.

Anthea is an accredited specialist in Wills and Estates Law and the Chair of the Advisory Committee for Specialist Accreditation in Wills and Estates. She is also a member of the Supreme Court Equity Liaison Group. Anthea is listed as Pre-eminent in the Doyle’s Guide of Leading Wills & Estates Litigation Lawyers 2020 for both NSW and Australia. She is also listed as Preeminent in Leading Wills, Estates & Succession Planning Lawyers, NSW in 2020.

CPD Information

0.5 CPD units

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