ByLawyers News and Updates

Wills guide reviewed – WA

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The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Western Australian Wills guide reviewed.

Subscribers using this popular publication will benefit from a re-ordered and extended matter plan, revised and updated commentary and a number of new precedents.

Execution is now a top-level heading on the matter plan, with dedicated commentary on issues such as blind witnesses, gifts to witnesses and solicitors as witnesses. The revisions and enhancements to commentary also include:

  • First steps and taking instructions for wills
  • Testamentary capacity and the test in Banks v Goodfellow
  • The formal requirements for a valid will
  • Informal wills
  • Intestacy
  • Executors
  • Execution
  • Challenges to the validity of a will

New and amended precedents

  • Letter to client to confirming instructions
  • Instructions for signing
  • Letter reminding client that will is ready for signing

Other resources in the Wills guide reviewed

Links have been added to the By Lawyers reference materials Other trusted and useful resources, which can be found in the Reference materials folder on the matter plan and at the end of the full commentary.

Automated wills – All states

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As part of By Lawyers continual commitment to enhancement, the By Lawyers Wills publications in each state now feature more automated wills, particularly for LEAP users. There is improved automation in all wills precedents – Individual wills, Wills for couples and Wills creating testamentary discretionary trusts.

The wills precedents are available in folder ‘C. The Will’ on the matter plans in By Lawyers Wills publications in each state.

Fields have been added to the bequest clauses in all wills. This allows users to populate the precedents with any information they have  completed in the ‘Bequest’ table type in a LEAP wills matter. This applies for each beneficiary added to a LEAP matter:

The bequest clause in all automated wills now provides for up to four beneficiaries. The clauses will now automatically include information based on whether a sum, a gift, or a sum AND a gift, have been completed in the table type for the LEAP matter:

LEAP users can select ‘Is primary beneficiary’, which will add the beneficiary to the residue clause:

Introduction of the LEAP for Word add-in allows LEAP users to also complete additional information in a will. This functionality prompts the will-drafter for such input as the person to whom the testator wishes to bequeath their residuary estate:

For further information on using the LEAP for Word add-in, see the helpful article ‘Working with By Lawyers precedents’ available in Folder A. Getting the matter underway, on the matter plans in all By Lawyers publications.

Please do not hesitate to contact By Lawyers with any questions of feedback on these enhancements: askus@bylawyers.com.au

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