Prickly Probates: Strategies and Solutions (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

Henry Stokes

Theresa Donnelly

Synopsis:

It is essential that those who practise in the area of Estate Administration can recognise the red flags in complex probates and the options for dealing with them.

Written by two experts in this area, this paper will provide guidance for identifying these complex issues, and cover complex probates from what to do when faced with a caveat against probate, through to making an Application for Probate in Solemn Form, including how to address other issues with the Will under an Application in Common Form, and use of the correction power under the Wills Act 2007. It will also touch on validation issues regarding whether something is a document of testamentary intent or an expression of wishes.

This paper will examine some of the strategies available to you, to get the Will over the line when you are faced with a complex probate. Case law and conclusions from analysis will be woven through the practical studies.

These Materials will help you:

• Gain insights into the various complexities that can arise when making applications for probate.
• Learn how to address some of these complex issues under an Application for Probate in Common Form.
• Acquire a better understanding of when an Application for Probate in Solemn Form is required and what is involved, including how to address capacity issues.
• Learn about use of the correction power under s 31 of the Wills Act.

Intended Audience:

All Estate lawyers and legal executives, general practitioners, lawyers who undertake Applications for Probate in Solemn Form.