Wills skills - drafting essentials online seminar
Course ID WN210305_WEP1
In this half-day online seminar, you will have the opportunity to learn the fundamental principles involved in taking instructions and drafting a will.
Facilitated by Accredited Wills and Estates Specialist Katelin Whitley, this seminar will provide you with the materials and understanding of the practice and procedure of will drafting.
At the end of the online seminar, you will be able to:
- Understand the need to keep proper records and file notes
- Advise as to the appropriateness of making a temporary will pending formal execution
- Consider the issues that arise with specific clients such as the frail and elderly and those who cannot read or understand English
- Be aware of your client and the needs of those who may be under the influence of others
- Recognise estate and non-estate assets
- Be aware of the need to and means of ascertaining the client’s property and intended beneficiaries, and
- Understand the importance of advising as to the potential executor and their suitability.
Feedback from past attendees:
- “Katelin was a great presenter – thank you”
- “Content was easily digestible and Katelin was engaging”
- “Katelin was extremely patient and helpful – particularly with the range of questions sent her way! Thank you!”
- “Excellent, knowledgeable, personable and helpful presenter.”
- “Good course. The whole College of Law is excellent.”
- “Katelin was wonderful, engaging and knowledgeable – made a dry subject engaging.”
At the end of this online seminar, you will earn 3 CPD points.
Scroll down for the full program
The time listed for this course is Australian Eastern Daylight Savings Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia.
Full Price $297.00
Alumni/Member Price $267.30
10 March 2021
10 March 2021
9.00am AEDT - 12.30pm
About This Course
9.05am: Framework for succession law and testamentary capacity, undue influence and fraud
- What is succession law and relevant legislation?
- Interstate succession
- Characteristics of a will
- Contracts to leave property upon death
- Mutual wills
- Who can make a will
- Knowledge and approval
- When capacity may be in doubt
- Statutory wills, undue influence and fraud
10.05am: Solicitor duties – capacity in doubt and giving advice
- How to approach the client when capacity is questionable
- Giving advice as identified in Badendach v Calvert; Hill v Van Erp
10.20am: Morning break
10.30am: Structure of a will
- Additional clauses and provisions?
- Revocation of earlier wills
- Marriage and divorce
- Appointment of executors and trustees/guardians of minor children
- Gifts – charity, residuary, money, personal property or real property
11.15am: Asset identification
- Common ownership disputes
- Identifying assets and taking instructions
- Non-estate assets – company assets
- Companies – passing control upon death
- Passing control of a discretionary trust
11.45am: Morning break
11.55am: Non-estate assets and solicitors’ duties – will drafting
- Equalisation in a will and passing control/benefit
- Self-managed super funds and superannuation taxation implications
- Interim wills
- Identifying beneficiaries and nominating an executor
12.30pm: Q&A and Close
This live webinar is ideal for solicitors in general practice, lawyers and specialists in commercial law, elder law, wills and estates, property law, medico law, estate planning specialists, probate lawyers and staff, family law practitioners and new solicitors (years 1-5 in practice).
This webinar is produced in NSW and features a NSW-based practitioner. The webinar is available to all NSW based practitioners.
Claiming CPD units
The program covers the mandatory requirement of professional skills and substantive law.
Katelin Whitley is the principal of Bestic Law located in Sydney and the Hunter Valley and practices primarily in succession and trust matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011.
She has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. Katelin has represented estates, applicants, and beneficiaries.
She works on both simple and high level estate planning and acts on estate administrations including for large and complex estates.
Katelin has been lecturing in the College of Law Wills & Estates Masters of Law Program since 2017. She has completed Masters of Law at the University of Sydney and Masters of Forensic Mental Health in the UNSW School of Psychiatry. She has also been a member of the Law Society of the NSW Elder Law and Succession Committee since 2012 and is a Notary Public.
Filming and Photography
Please be aware that this webinar organised by the College of Law may be recorded for use on our websites, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness and/or voice.