This webinar will examine the operation and continuing relevance of the Law Reform (Testamentary Promises) Act 1949 in modern estate disputes. The session will provide a practical analysis of the legal principles governing testamentary promises claims, including the evidential thresholds and factors relevant to assessing such claims.
The session will also offer guidance for practitioners on drafting wills and managing client relationships in a manner that minimises the risk of future claims. We will address strategic considerations when advising clients who are contemplating bringing a claim, as well as those required to defend claims under the Act.
Through a practitioner-focused lens, the webinar will equip you with actionable insights to navigate disputes effectively and to incorporate risk mitigation strategies into their estate planning practices.
Learning Outcomes
- Explain the key elements and legal framework of claims under the Law Reform (Testamentary Promises) Act 1949.
- Identify common factual scenarios that give rise to testamentary promises claims and assess their merits.
- Advise clients on the requirements for valid lifetime gifts and the risks that arise from this approach.
- Apply practical strategies when drafting wills to reduce the likelihood of claims arising.
- Advise clients on the evidential and strategic considerations involved in bringing or defending testamentary promises claims.
- Recognise best practice approaches to managing client expectations and mitigating dispute risk in estate planning and administration.
Who Should Attend?
This session will be relevant to practitioners involved in estate and succession planning, will drafting and estate administration, and the resolution of disputed estate claims, including those advising clients who are considering bringing, or are required to defend such a claim.
Presenters
Sally Morris | Partner, Morris
Georgia Angus | Partner, Morris
