Crafting Ironclad Wills: Satisfying a High Bar - a Power Pair of recorded webinars

This Power Pair comprises 2 of our most popular succession law webinars from the past year.  Each recorded webinar is one hour in length.

Webinar 1: Testamentary Capacity, Cognitive Decline and Ageing Clients

As clients age, they not only contend with the passage of time but also grapple with cognitive decline which often goes hand-in-hand with ageing. This intersection raises fundamental questions about their capacity to make informed, legally valid decisions regarding asset distribution and will creation. This paper explores testamentary capacity in the context of ageing clients, delving into the interplay between cognitive decline, legal standards, medical assessments, and ethical considerations. It examines:

• Capacity – a legal test informed by medical assessment
• Understanding what ‘mental capacity’ means
• Key indicators demonstrating a lack of mental capacity
• Communicating with the client and recording initial capacity assessment data
• When to refer and assessing who to refer to – key criteria in making referral decision
• Constructing the referral letter to medical specialist
• The solicitor’s role in mental capacity assessment – taking clear instructions
• Conferring with client and making legal judgement on medical evidence
• Should you appoint a substitute decision maker?
• The distinction between capacity to make a will compared to power of attorney
• Lessons from cases

Webinar 2: Ducks in a Row: Aligning Binding Financial Agreements, Binding Death Benefit Nominations and Wills

The diversification of assets, the growth of superannuation value and marriage breakdowns and re-partnering have all contributed to complexity in succession planning. With a range of documents and directions potentially applying upon death, practitioners need to plan and draft accordingly to avoid inconsistency and ensure their clients’ intentions are met. This session will provide a guide to drafting complementary arrangements to apply upon death, including:

• Planning considerations for clients with complex needs and assets – tips for taking a wholistic approach
• To what extent do the terms of a BFA apply following death of one of the parties?
• Should a will refer to a BFA or incorporate relevant provisions?
• Structuring binding death nominations in superannuation trust deeds to align with testamentary and BFA intentions
• Will a statement of wishes accompanying a will minimise the risk of a dispute?
• Key issues in updating and periodic review of testamentary intentions and relevant documents
• Drafting guidance and strategies for consistency and completeness

SPECIAL PURCHASE OFFER – THE APRIL ADVANTAGE

This pair of recorded webinars would usually cost $539, but as part of The April Advantage Offer you can buy the pair for only $297 if you order by 30.4.24.