Applications for Probate and Letters of Administration are commonplace for many lawyers. However, there are numerous traps with both which can trip up even the most conscientious practitioner. Ever increasing globalisation and ease of movement has seen will-makers making two or more wills dealing with property abroad while incapacity, separated spouses/de facto partners and intestacies involving complex estates all contribute to what can be a legal minefield.
This On Demand webinar provides lawyers with a useful refresher on getting applications right the first time with an emphasis on practical matters commonly arising today.
- Better understand the drafting requirements for probate documents including what information is required, the common errors in such applications as well as the procedure for re-applying in the event of a rejection of an application by the High Court.
- Gain insights into how best to deal with substituted executors, the clearing off of instituted executors and applying for a copy of a will to be admitted into probate.
- Learn more about how to deal with foreign jurisdictional matters including applying for letters of administration where the deceased was domiciled overseas.
- Understand what should be covered off in your advice regarding the s 61 notice of choice of option, issues around surviving spouses/partners succeeding on intestacy and how they may disclaim their interest to allow someone with a lower priority to inherit, and the process for an executor to appoint an attorney to obtain probate/administration.
Who should view?
Junior to intermediate lawyers and legal executives wanting a more thorough understanding of this area of law. More senior practitioners may find the webinar useful as a refresher.
Access details will be delivered via email within 15 minutes.
Alison Gilbert leads Brookfields Lawyers Private Client team. She provides specialist legal advice on estate planning, estate administration, the establishment and management of trusts (both private and charitable) and related asset management structures, relationship property and incapacity law.
Alison is a member of the Minister of Justice's reference group on the reform of the law of trusts and the ADLS Trust Law Committee.
Alison is chair of the New Zealand branch of STEP, a member of the STEP Mental Capacity SIG Global Steering Committee and is also the lead author of LexisNexis Succession - Practical Guidelines.
Samuel Ames is a senior solicitor with Brookfields Lawyers. He provides advice on estate planning, estate administration, trust structuring, relationship property and incapacity law.
Samuel has a particular interest in charitable organisations and incorporated societies and is a member of the ADLS Mental Health and Disability Law Committee.