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Challenges to wills presentation

Member Price: Free
Non Member Price: $15.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 08 Feb 13 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This presentation addresses the grounds on which a will may be challenged, including:

  • validity issues (such as lack of testamentary capacity, undue influence, informality of the testamentary instrument)
  • inheritance disputes (that is, claims under the Inheritance (Family and Dependants Provision) Act 1972 (WA) for proper and adequate provision from the estate of a deceased person)

Sally Bruce gives examples of common situations in which a will is challenged and provide some practical guidance about minimising the risk of a challenge. She also talks about the impending changes to the inheritance legislation which will, among other things, give a stepchild standing to sue the estate of a step-parent in certain circumstances.

Author profile

Sally Bruce
Sally is a Partner with Jackson McDonald Lawyers. She has over 20 years' experience in Estate Planning and works closely with clients to develop tailored plans, including multi-generational solutions for the firm's high net worth clients. Sally's estate planning practice is complemented by her work in the field of estate litigation. Sally has been involved in numerous family provision claims and solemn form probate matters. Her experience in this area helps her to identify potential pitfalls at the planning stage and minimise the risk of a challenge. Apart from Estate Planning and Estate Litigation, Sally also practises in the areas of Trusts, Deceased Estates and Guardianship and Administration. Sally is a member of the Law Society of WA and the Society of Trust and Estate Practitioners. She is the Deputy Chair of the Elder Law & Succession Committee of the Law Society of WA. - Current at 13 August 2021
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This was presented at Estate Planning Day 2013 .

Get a 20% discount when you buy all the items from this event.

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