- CPD Points: 1 [PS] [SL]
- Price: $89.00
- Area: Administration of Estates; Elder and Succession Law; Estate Planning; Guardianship; Litigation; Powers of Attorney; Succession Planning; Wills
- Delivered: August 2023
Digital Content
- Recording
- Paper
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Description
This session presented by Angela Cornford-Scott was delivered into the Elder and Succession Conference 2023. The case of Lewis v Lewis highlighted the challenges of overturning the presumption of knowledge and approval, even where capacity may not be an issue. This session examines the important lessons from this case for succession lawyers, including:
- Why testamentary capacity is only part of the equation.
- Key elements of knowledge and approval.
- Rebutting the presumption – what evidence is required?
- Consequences of failure to prove knowledge and approval, including will invalidity and severance.
- Is it enough that the will-maker has read the will?
- Court assessment of knowledge and approval in the event of:
- Mental acuity and comprehension issues.
- Suspicious circumstances.
- Unsophisticated will-makers.
- Complex financial circumstances and arrangements.
- How can advisers best ensure that knowledge and approval by their client is satisfied?
- Tips for client management, record keeping and will drafting.
- A discussion of recent cases.
- CPD Points: 1 [PS] [SL]
- Price: $89.00
- Area: Administration of Estates; Elder and Succession Law; Estate Planning; Guardianship; Litigation; Powers of Attorney; Succession Planning; Wills
- Delivered: August 2023
Digital Content
- Recording
- Paper
To purchase login below
Description
This session presented by Angela Cornford-Scott was delivered into the Elder and Succession Conference 2023. The case of Lewis v Lewis highlighted the challenges of overturning the presumption of knowledge and approval, even where capacity may not be an issue. This session examines the important lessons from this case for succession lawyers, including:
- Why testamentary capacity is only part of the equation.
- Key elements of knowledge and approval.
- Rebutting the presumption – what evidence is required?
- Consequences of failure to prove knowledge and approval, including will invalidity and severance.
- Is it enough that the will-maker has read the will?
- Court assessment of knowledge and approval in the event of:
- Mental acuity and comprehension issues.
- Suspicious circumstances.
- Unsophisticated will-makers.
- Complex financial circumstances and arrangements.
- How can advisers best ensure that knowledge and approval by their client is satisfied?
- Tips for client management, record keeping and will drafting.
- A discussion of recent cases.
Angela Cornford-Scott, Director, Cornford-Scott Lawyers
About the Presenter:
Ms Angela Cornford-Scott is the founding director of her firm. Angela has over 25 years of experience in wills and estate matters and is recognised as one of Queensland’s pre-eminent lawyers in these matters. She is an accredited specialist in succession law and specialises, and practices, exclusively in the area of succession law. She has extensive experience across all areas of estate planning, trust and estate administration and litigation relating to trusts and estates. Angela is regularly appointed by the court to take over and complete the administration of estates where the executors have been removed as a result of a dispute. Angela has a Bachelor of Laws from Queensland University of Technology, and a Bachelor of Business, University of Southern Queensland. In 2022, Angela was named Market Leader – Wills and Succession Planning, and Wills & Estates litigation, Doyle’s Guide Queensland.
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