Liability and Risk Management in Wills – a recorded lunchtime online conference

Duration: Approximately 2.5 Hours

Hear from the experts at this online 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 and presentations.

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

THE PROGRAM

Session 1: When Meaning and Intent of Wills is Unclear

Poor drafting and ambiguous terms in wills may complicate estate administration and lead to disputes. This session looks at the court’s approach to ambiguity, including:

• How do courts interpret unclear wills?
• Giving effect to the intentions of the testator – what does this really mean?
• The process of reconciling conflicting provisions of a will
• What happens with an obvious ambiguity or omission?
• When can extrinsic evidence be used to resolve an ambiguity?
• Rectification for unilateral mistake
• Case update, including Benaroon Pty Ltd v Larmar Ors [2020] QCA
• Prevention better than cure – key drafting strategies to minimise risk of ambiguity

Session 2: The Right to Know: Disclosure Obligations in Wills and Estate Matters

They say that knowledge is power, and that maxim certainly applies in the context of succession law. However, when can information be shared, and when is it inappropriate? Through the use of practical case studies, this session examines disclosure obligations and the interplay with professional and fiduciary obligations. It covers:

• Disclosure of documents and information in contested wills and estate matters
• Power of executor to gain access to will files of practitioners
• Who pays for the cost to copy files where they are requested?
• Does an executor or trustee have a duty to maintain confidentiality?
• Does the trustee have a duty to provide the trust deed and other information to potential beneficiaries?
• Family provision claims and access to financial records
• Confidentiality requirements with medical records
• Confidentiality and disclosing information after death
• Preliminary discovery application in wills and estate matters
• Case update, including Jordon v Goldspring [2021] NSWSC 7

Session 3: Practitioner Liability in Wills and Estate Matters – A Precautionary Approach

This session examines some precautionary risk management tips for wills and estate practitioners. It includes:

• Liability of practitioner in wills and estate matters – an overview
• Timeliness, prompt attention and file notes on will and estate matters
• The lawyer’s duty in drafting wills – to whom is it owed?
• Liability to persons who do not receive an intended benefit under a will
• Right of disappointed beneficiary to recover damages
• Are there any limitations on the practitioner duty of care?
• Risks in not clearly following client or courts instruction
• Case update