9.00am:  Login/Welcome  

9.05am: Framework for succession law and testamentary capacity, undue influence and fraud 

• What is succession law and relevant legislation? 
• Interstate succession 
• Characteristics of a will
• Contracts to leave property upon death  
• Mutual wills
• Who can make a will  
• Knowledge and approval
• When capacity may be in doubt  
• Statutory wills, undue influence and fraud 

10.05am: Solicitor duties – capacity in doubt and giving advice  

• How to approach the client when capacity is questionable  
• Giving advice as identified in Badendach v Calvert; Hill v Van Erp 

10.20am: Break   

10.30am: Structure of a will  

• Additional clauses and provisions? 
• Revocation of earlier wills  
• Marriage and divorce  
• Appointment of executors and trustees/guardians of minor children 
• Gifts – charity, residuary, money, personal property or real property 

 11.15am: Asset identification  

•  Common ownership disputes  
• Identifying assets and taking instructions  
• Non-estate assets – company assets  
• Companies – passing control upon death  
• Passing control of a discretionary trust  

 11.45am: Break  

 11.55am: Non-estate assets and solicitors’ duties – will drafting   

• Equalisation in a will and passing control/benefit  
• Self-managed super funds and superannuation taxation implications  
• Interim wills  
• Identifying beneficiaries and nominating an executor  

 12.30pm: Q&A and Close

This live webinar is ideal for solicitors in general practice, lawyers and specialists in commercial law, elder law, wills and estates, property law, medico law, estate planning specialists, probate lawyers and staff, family law practitioners and new solicitors (years 1-5 in practice).  

This webinar is produced in NSW and features NSW-based practitioners. This webinar is available to practitioners from all Australian jurisdictions.

The time listed for this course is Australian Eastern Daylight Time (AEDT). Please take note of any time differences if you are registering from QLD, WA, SA, NT or from outside Australia. 

The course complies with the mandatory requirement of Professional Skills (2 points) and Substantive Law (1 point). 

If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority, with the exception of Western Australia. If you hold a practising certificate in a state or territory other than Western Australia and this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists are required to complete more than ten (10) units each CPD year.

Practitioners holding WA practising certificates are not eligible to earn CPD points for this course.

Katelin Whitley

Principal, Bestic Law, Accredited Specialist, Wills & Estates and Accredited Specialist in Property Law

Katelin Whitley is the principal of Bestic Law located in Sydney and the Hunter Valley and practices primarily in succession and trust matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011.

She has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. Katelin has represented estates, applicants, and beneficiaries.

She works on both simple and high level estate planning and acts on estate administrations including for large and complex estates.

Katelin has been lecturing in the College of Law Wills & Estates Masters of Law Program since 2017. She has completed Masters of Law at the University of Sydney and Masters of Forensic Mental Health in the UNSW School of Psychiatry. She has also been a member of the Law Society of the NSW Elder Law and Succession Committee since 2012. She is a Notary Public and Accredited Specialist in Property Law since 2021.

Please be aware that video/audio recording may occur at professional development events organised by the College of Law for use on our website, marketing materials and publications. By attending and participating in a College of Law Continuing Professional Development course, you consent to the College of Law photographing or recording and using your image and likeness and/or voice.