Live Webinar: Gone but not Forgotten: Mutual Wills and the Lessons from Re Miglic

In the recent decision of Re Miglic, the plaintiffs succeeded in proving that an oral agreement made over 30 years ago, between deceased parties, was in fact a mutual wills agreement. This significant decision raises many interesting considerations for practitioners in many areas of practice and is set to have wide sweeping ramifications. To help succession lawyers understand the impact of Re Miglic on their own practice, this session shall summarise the facts of the decision and break down the useful lessons to be learned from the decision in relation to:

• How the Court assesses evidence in relation to the testamentary intention of people long deceased, with a spotlight on rules of evidence in relation to hearsay evidence and practicalities of evidence of recollections over a long period of time
• The role and weight of evidence from beneficiaries who stand to gain from the outcome
• When the recollection of the substance of communications rather than precise words may be sufficient to establish an agreement
• The giving of evidence by a solicitor and issues surrounding intentional waiver of privilege
• The challenges to proving the existence of a mutual wills agreement and how these were overcome in, or maybe impacted by, Re Miglic