The continuing commitment of By Lawyers to updating and enhancing our publications has seen a Tasmanian Wills guide review completed.
Subscribers using this publication will find a re-ordered and extended matter plan, plus a revised and updated commentary.
The commentary revisions and enhancements arising from this Wills guide review include:
- The Overview has been expanded and re-ordered;
- Additional practical guidance added under the new heading ‘Taking instructions for wills’;
- New commentary on testamentary capacity and the test set out in the leading case of Banks v Goodfellow (1870) LR 5 QB 549 at 565;
- Enhanced commentary and links to legislative provisions regarding the formal requirements for a valid will;
- Newly consolidated commentary under new heading: Revocation, marriage, divorce and revival;
- Expanded commentary on Informal wills, with links to cases;
- Re-ordered section on the rules of succession on intestacy, with relevant links to the Intestacy Act 2010 and the Relationships Act 2003;
- Expanded commentary on executors and trustees, including solicitors as executors;
- New commentary section focusing on the requirements for valid execution of a will, including issues such as blind witnesses, gifts to witnesses, and solicitors as witnesses;
- Extensive discussion of the law on challenges to the validity of a will;
- A new section called Finalising the matter which emphasises the importance of terminating the retainer.
A new To Do List precedent has also been added to the matter plan, under Folder A. Getting the matter underway. The new precedent provides a checklist of all usual and necessary steps in the preparation of a will for a client. The To Do list will assist practitioners and their support teams with both workflow and risk-management.