Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $185 - NZLS members and Associate members
• $240 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Probate is a necessary part of the estate administration process that involves an application to the High Court for a will to be recognised and approved legally. A variety of events can transpire to complicate an application for probate at a time that is likely to be extremely stressful for your clients. Applications in common form are often anything but “common” these days. It is essential that those who practise in this area (or seek to do so) can recognise the red flags and the options for dealing with them. This module will be a practical session covering some of the key issues that your clients may face and setting out strategies that you can employ to help them successfully navigate their way through the process.

Topics covered will include:

• Recognising the red flags
• Dealing with complex common form applications
• Making applications in solemn form and use of the correction power.

Learning objectives

By completing this module you will:

• Gain tips and tricks for dealing with the red flags.
• Acquire a sound understanding of when solemn form is required and learn about use of the correction power under the Wills Act.
• Examine case law and case studies, enabling you to practice with confidence in this space.

Electronic paper 

Authors: Theresa Donnelly, Henry Stokes
Published: 14 March 2024
Pages: 154

Introduction

With very lengthy waiting times for court timetabling of progression of solemn form applications, it is well worthwhile having all the tips and tricks at your disposal. It is essential that those who practise in the area of estate administration can recognise the red flags in complex probates and the options for dealing with them. When you are faced with a complex probate, there may be a number of pathways towards a solution that need to be checked out. A deep and thorough understanding of the applicable High Court rules is essential to navigating these cases.

This paper will examine complex probates, from what to do when you are faced with a caveat against probate, to probate in solemn form and issues with the will, to use of the Correction Power under the Wills Act 2007.

This session will also cover “complex” common form applications. At first blush a matter might seem to be a solemn form application but with the right approach you can get it over the line in common form, which is faster and less costly. The words “in common form” are somewhat misleading. In the past these sorts of applications were fairly standardised and didn’t vary a lot. If an approach didn’t fit the box, then it didn’t fit the common form “box”, and proceeded in solemn form. Applications in common form now can be very different and in fact quite complex. Some of this is due to having different Registrars at different levels and the development of case law, and some is simply about processes adapting to the more complex lives people lead these days. With the developments in this space, more and more applications can be progressed in common form. The ability to utilise the different pathways around how to do this is crucial to the success (or otherwise) of your application. (continued...)

PowerPoint Presentation

These are the slides included in the presentation.