Avoiding Wills Disputes and Succession Update
Issues covered include: good will instructions, assistance, testamentary capacity, fixing wills, succession law reform
Description
In one afternoon catch up on everything you need to know about dealing with a disputed will and how to ensure the wills that you draft withstand scrutiny. Sharpen your ability to uncover all the critical information (including your client’s hidden skeletons) and how to identify a red flag of ‘testamentary capacity’. You will learn how to effectively validate a will and also receive insight on how wills may be affected under succession law reform. This is a must attend for anyone practising in wills and estates law.
Attend and earn 3 CPD hours
Chair: Ross Knight, Barrister, Old South British Chambers
1.15pm to 2.00pm: How to Take Good Will Instructions to Avoid Disputes
- How long should it take?
- What questions to ask
- How should the instructions be recorded?
- What advice should be given?
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
2.05pm to 2.50pm: Knowing Assistance and Testamentary Capacity
Take a look at cases where a disgruntled beneficiary has sought recourse from the solicitor who prepared the will, as part of their estate claim. Examine the risks and challenges faced by lawyers when assessing testamentary capacity, including:
- Can lawyers tell when a client lacks testamentary capacity?
- What process should lawyers follow if there is uncertainty or risk around capacity?
- The Court’s current approach to testamentary capacity
- What are the consequences for lawyers of getting it wrong?
Presented by Stephanie Ambler Partner and Kate Sullivan, Partner, Tompkins Wake
2.55pm to 3.40pm: Where There’s a Will, There’s a Way (to Fix It)
Explore recent case law and gain practical guidance relating to applications:
- To validate a will
- To correct a will; and
- For probate in common or solemn form
Presented by Sally Morris, Partner and Freya McKechnie, Solicitor, Morris Legal
3.45pm to 4.30pm: Succession Law Reform and the Impact on Wills
The Law Commission has recently announced details of its planned review of the law of succession. This practical “coal face” session will keep you appraised of developments so you are well positioned to proactively contact and advise clients. It will consider who should be entitled to inherit a person’s property when they die. The review goes to the very essence of what Practitioners in this space do on a daily basis.
- Understand and discuss the current legislative framework, Law Commissions considerations to date, issues for New Zealand, the key phases, pathway and timetabling for the review, including:
- RPA provisions include death of a spouse
- The Family Protection Act 1955
- The Law Reform (Testamentary Promises) Act 1949; and
- The Administration Act 1969
- Big issues for consideration are:
- Who should benefit despite what the deceased said in their will?
- Who should be entitled to share in property when a person dies without a will?
- (with a particular focus on a surviving spouse or partner and other members of the deceased’s family)
- How succession law should address areas of particular concern to Maori (not including succession to Māori land under Te Ture Whenua Māori Act 1993)
Presented by Henry Stokes, General Counsel and Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Learning Objectives:
- Learn useful tips to take detailed client instructions
- Understand how to recognise a potential testamentary capacity issue
- Gain practical skill for validating a will
- Consider the impact of succession law reform