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Individual Podcasts

Digital Disruption: Mitigating the Risks in the Digital Succession Plan

One of the lasting effects on the commercial world arising from the pandemic has been the acceleration of digital transformation and use of technologies. As these changes have made their way to the ‘new normal’ of legal practice, how can succession lawyers ensure that the legal ch

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About the Podcast

One of the lasting effects on the commercial world arising from the pandemic has been the acceleration of digital transformation and use of technologies. As these changes have made their way to the ‘new normal’ of legal practice, how can succession lawyers ensure that the legal challenges associated with digital wills are mitigated? This session explores the legal challenges associated with digital wills and provides best practice guidance on ensuring the validity and enforceability of digital wills. It covers:

  • The current status of legislation around Australia relevant to the use of technology in succession planning and anticipated legislative reform in this area
  • Overview of other legal challenges associated with digital wills, such as questions around authenticity, identity and revocation – how does digital technology exacerbate these challenges? 
  • Spotlight on undue influence:
    • definition and examples of undue influence in the context of digital wills
    • how digital technology can increase the risks
    • legal remedies available to address undue influence
    • practical tips for succession lawyers to consider to manage the risks
  • Best practices for ensuring the validity and enforceability of digital wills
  • Recent judicial commentary on these issues across a range of jurisdictions including the case of Re Curtis [2022] VSC 621 and useful guidance for practitioners for dealing with such issues when they arise in practice

Presented By

Kimberley Martin
Director, WMM Law Hobart, Tas

Kimberley Martin B.A. LL.B. (Hons), LL.M, TEP is a director, and business owner, of WMM Law in Hobart, Tasmania. Kimberley’s range of expertise includes estate planning, tax, business succession, trusts and superannuation law, with a particular emphasis on complex needs, international, and high net worth estate planning.

Kimberley has completed her LLM (Masters) in Wills & Estates. Kimberley has a strong voice representing the legal profession at a state, national and international level through her involvement on committees, her published work, her professional presentations and media exposure. Notably, she authored a paper on ‘Technology, the Law and COVID-19‘ that was published in 56 countries. She has been interviewed on the ABC 7:30 program, in the Age and in the Sydney Morning Herald, and has had her work published in several international journals, including in the Global STEP Journal and the American Bar Association Magazine. Through the Society of Trust and Estate Practitioners (STEP), Kimberley is Secretary of the STEP Victoria-Tasmania Branch, and is a member of the STEP Australia Excellence Awards and Newsletter Sub-Committees. She was also a founding member, and member for over 10 years, of the STEP Digital Asset Special Interest Group Steering Committee. In 2018, Kimberley was an award recipient at the STEP Private Client Awards in London.

Kimberley commitment to the community is shown through her work with not-for-profits. She is currently a Director of the Board of Montagu Community Living, a member of Womens Chiefs of Enterprises International (WCEI) and is on the Board of Business Blindspots Tasmania.

CPD Information

0.6 CPD units

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