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Recorded Online Conferences

Formation of Wills in the Modern World - a recorded lunchtime online conference

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.


About the Recorded Online Conference

Duration: 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.


Session 1:The Rise and Rise of Informal Wills

From video recordings, post-it notes, and unsent text messages, what has been admitted into probate in recent years may well surprise probate lawyers with long memories. This session looks at legal challenges created by the use of technology in will making, including:

  • Defining an informal will and identifying recent trends

  • Executors dealing with informal testamentary documents of unknown validity

  • Evidence requiredin informal wills - on balance of probabilities

  • The interplay of testamentary capacity and informal wills

  • Use of subpoenas to access potential will or other informal testamentary documents

  • Informal revocation or variation of wills - what is allowable?

  • Case update

Session 2: Till Death Us Do Part: How Effective Are Mutual Wills?

Mutual wills can be a useful estate planning tool, but should not be entered into lightly. This session will take a deep dive into the characteristics and requirements applicable to mutual wills, including cases that provide a warning of what a tricky area this is for practitioners:

  • Contractual aspects of the agreement

  • In what circumstances are mutual wills a good estate planning tool? Common scenarios discussed

  • What are the disadvantages of a mutual will?

  • What are the essential components of a mutual will? A drafting toolkit for practitioners

  • Can one party change their will without the consent of the other at a later date?

  • Family transparency - what do you need to advise your client?

  • Can a mutual will defeat a family provision claim?

  • Can mutual wills be founded on estoppel rather than contract? Legg v Burton [2017] EWHC 2088 (UK)

  • Case studies

Session 3: Negligence and Complex Will Drafting: High Stakes and High Risks

Practitioners have a duty of care to clients and beneficiaries when drafting wills. Understanding the extent of the duty of care and meeting the required standard of care in complex will matters is the subject of this session, including:

  • Solicitors duty of care in will preparation

  • Understanding the relevant standard of care when it comes to complex will construction

  • Duty of care to beneficiaries - understanding the full extent of the duty

  • What makes a will complex?

    • Multiple trusts
    • Complicated bequests or conditional bequests
    • Difficult requests for what happens after you pass away
    • Trust terms for when a child reaches a particular age
    • Dealing with the previous spouse
  • Drafting essentials in complex will clauses

  • Lessons from recent cases

The Faculty

Kaitlyn Whitley LLM, MFMH, Principal, Accredited Wills Estates Specialist, Bestic Law, NSW (Chair) Darryl Browne, Principal, Browne Linkenbagh Legal Services, NSW Christian Teese, Special Counsel, Rigby Cook Lawyers, VIC Richard Neal, Partner, Accredited Wills Estates Specialist, Teece Hodgson Ward, NSW

CPD Information

Lawyers can claim up to 2.5 CPD units/points (substantive law).


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]

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