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Recorded Webinars

Recorded Webinar: Too Ill to Will? Bedside Wills and Testamentary Capacity

When wills become urgent, practitioners need to not only act fast, but also manage risk in difficult circumstances. This session looks at the key issues in urgent wills, with a focus on lessons from recent case law. It covers: Testamentary capacity and urgent wills: applyin

Date/Time

About the Webinar

When wills become urgent, practitioners need to not only act fast, but also manage risk in difficult circumstances. This session looks at the key issues in urgent wills, with a focus on lessons from recent case law. It covers:

  • Testamentary capacity and urgent wills:
    • applying the Banks v Goodfellow test
    • mistakes by the testator with beneficiaries’ names or assets - is close enough good enough?
    • are certain people cut out of the will - is it rational?
    • doctors and capacity reports - what if the hospital refuses to provide a report?
    • timing of capacity reports
    • how to proceed if you are unsure about capacity
  • Complex versus simple wills:
    • knowledge and approval issues
    • relevance to capacity
    • should you do multiple wills?
  • Importance of solicitor file notes - what needs to be included?
  • Lessons from Re Menzies [2019] VSC 179

Presented By

Edward Skilton
Principal, Special Counsel, Sladen Melbourne, Vic.

Edward is a Principal in the business law team at Sladen Legal in Melbourne, with a particular focus on equity, trusts and succession.

The focus of his dispute practice is on protecting at risk beneficiaries and others negatively affected by the decisions of the incumbent controllers of estates and trusts. He represents plaintiffs and defendants in the County Court and Supreme Court in matters relating to trust advice, replacement of executors/trustees, validity of documents and transactions (including SMSF and trust distributions) and claims for further provision.

On the planning side, Edward prepares complex estate plans and is particularly interested in assisting the owners of private business groups transfer the business to the next generation, as distinct from a sale to third parties.

Where there are concerns about a person’s ability to make decisions about their own finances (including business and investment assets) and care, Edward advises and represents clients in relation to administration and guardianship applications in the Victorian Civil and Administrative Tribunal including applications for advice regarding proposed transactions, conflict transactions and compensation.

Edward is recommended in Doyles Guide for Wills, Estates and Succession Planning Lawyers, Victoria.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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