POSTGRADUATE PROGRAMS IN WILLS AND ESTATES

TOPICS

THE SUBJECT HAS FOUR COMPONENTS

1. Four short answer questions
2. Two legal writing samples
3. Oral communication (e.g. client interview) assessment held through online conferencing 
4. Reflective analysis

TOPICS

• Testamentary contracts, mutual wills and estoppel
• Ethics, professional responsibility and liability
• Proof of death and burial
• Formal requirements and the dispensing power
• Taking instructions for and drafting wills
• Essential validity, including testamentary capacity
• Introduction to family provision
• Post-execution: alterations, codicils, republication, revocation and revival

TOPICS

• Framework for estate administration applications
• Intestacy
• Administration without a grant, small estates and obtaining instructions for estate administration
• Applying for grants of probate and letters of administration and for resealing
• Asset collection, payment of debts and distribution
• Duties and liabilities of legal personal representatives and rights of beneficiaries
• Taxation matters, accounts and commission
• Costing estate matters and managing a wills and estates practice

TOPICS

• The court of construction and construction suits
• General principles of construction and construing gifts
• Specific rules of construction
• Admissibility of evidence in the construction of a will Issues in advising on estate planning
• Drafting issues - blended families
• Drafting issues – testamentary trusts and vulnerable beneficiaries
• Lapse of gifts and equitable ademption, satisfaction and election

TOPICS

• The family provision framework
• Approach of the court to different categories of applicant
• Commencement of proceedings
• Evidence
• Types of orders
• Other issues impacting family provision
• Mediation and settlement of proceedings, release of rights and compromises
• After mediation: further evidence and the conduct of the hearing

TOPICS

• Caveats Solemn form and common form grants; revocation of a grant
• Applications to impugn the essential validity of a will Interim and limited grants - substantive law and procedure and drafting considerations
• Lost wills
• Informal wills
• Statutory will applications - substantive law and procedure and preparation
• Costs, commission and passing of accounts

TOPICS

• Understanding testamentary succession
• Testamentary contracts, estoppel and will making
• Testamentary trusts
• Particular types of gifts and beneficiaries Insolvent estates
• The forfeiture rule
• Delegation of testamentary power
• Wills and estates under foreign law

TOPICS

• Introduction to the regulatory framework, delegation and capacity
• Mandatory substitute decision-making
• Financial elder abuse
• Accommodation: Staying at home – carers and assistance Accommodation:
• Staying with the family – granny flats
• Accommodation: Moving out – retirement villages and manufactured home parks
• Permanent residential aged care
• Discrimination and liability