Recorded Webinar: Back to Basics: Complex Will Clauses - Drafting Case Studies

Will drafting requires a practitioner to consider both beneficiaries as well as their client. This requires carefully expressing the will maker’s intention of benefiting a beneficiary. This session looks at case studies of complex will clauses and their drafting, including:

• Achieving clarity on what is given and object of gift
• Drafting errors on identifying object:

• object as a class such as ‘children’
• gifts to charities – not properly identified
• failure to do title search – title over gift and joint tenancy dilemmas
• superannuation errors where the testator intends for the super death benefit to become an estate asset

• Having a ‘gift over’ clause – problems if gift fails
• Adjustment clauses - financial and other adjustments
• Testamentary trust drafting – appointing new trustees and bankrupt trustees
• Life interests and rights of residence – understanding the difference in drafting