Description

In this webinar John Earles will cover both obtaining probate of an invalid will and the swearing of affidavits & executing of wills by AV link.

Applying to have a document declared to be a valid will is difficult enough, then you have to obtain a grant of administration of that document.

Having successfully applied to the court to have a document which has not been executed in accordance with the provisions of section 11 of the Wills Act, declared to be a valid will, the next step is to apply for probate of that will. While this may seem to be a straightforward process, there are pitfalls and additional requirements over and above the normal matters that need to be covered in such applications. In the first part of this webinar, we will cover the following matters:

• Requirements of a valid will;
• Application for a grant of administration of a document declared a valid will;
• Detail the additional detail to be included in such applications;
• Provide a range of precedent forms for future use.

Covid has a lot to answer for and now we can swear an affidavit and execute a will when the deponent and/or will-maker is not in our presence but as many have discovered it is not straightforward.

The Immediate Modification Orders passed in 2020 to cater for people isolated due to the COVID-19 provide for an affidavit to be sworn and a will to be executed virtually by audiovisual link. These are still in force. They were not easy to follow and were they really necessary? In the second part of the webinar, we will look at how to implement these provisions if necessary.

ORIGINAL BROADCAST DATE

13 September 2022

LEARNING OUTCOMES

• How to avoid common mistakes in the preparation of documents relating to these topics;
• Acquire knowledge relating to these topics and of the additional information that is required when preparing such applications or undertaking a audiovisual link;
• Precedent forms will ensure error free and complete documentation, avoiding rejection by the court and/or minuting by the Registrar.

SUITED TO

Legal executives
Lawyers – all levels

PRESENTER

John Earles, Registrar & Specialist Technical Advisor High Court.