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Effective Will Drafting - fitness for purpose? 2024
Published: 28-11-2024
Authors: Vicki Ammundsen, Theresa Donnelly
Pages: 33
Price From
NZ $45.00
This book is only available in PDF format
Authors: Vicki Ammundsen, Theresa Donnelly
Published: 28 November 2024
Pages: 33
Introduction
Effective will drafting is not simply taking and acting on instructions. This is highlighted in the recent decision in Kingford v Mathers in the context of what was described as a “plug and play” approach where the drafter’s role is limited to [filling] the gaps. As noted in that case at [79]:
There was no suggestion that Ms Robb or Ms Turley had any information about Mr Mathers’ prior wills or contracting out agreement, nor does it appear that they asked any questions about that. I am satisfied that Ms Robb might have explained the basics of the 2020 Will (to the extent she understood it) and Mr Mathers had the appearance of understanding the content and being willing to sign it, but they took no effort to examine these issues carefully. The circumstances of the failed cognitive impairment tests in August 2020 required more.
In this paper, which accompanies the live stream presentation Vicki Ammundsen and Theresa Donnelly review recent cases that demonstrate the outcome of wills that have been drafted in a vacuum; without proper enquiry; and without the level of advice that is necessary for a will-maker to give proper instructions.
The preparation of good, fit for purpose wills is a crucial part of asset planning. However, wills have historically been seen as a “loss leader” with “free” or very low cost wills rolled up with other legal services. This has had the effect of de valuing the advisory aspect of drafting wills. The drafting of a will is not an ordering-up exercise. Your job as a will drafter is to provide the client with the fit for purpose will that they need, not necessarily what they say they want. It also needs to be administrable.
It is really important that wills are not drafted in isolation. You need to understand the will-maker’s circumstances, who is who in the zoo in terms of their family, and what the will-maker is wanting to achieve. (continued...)
Content outline
- Part 1 – Case law focus
- Part 2 – Complex advisory aspects
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| Vicki Ammundsen Vicki Ammundsen Trust Law Auckland |
Theresa Donnelly Perpetual Guardian Auckland |