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Wills & Estates - Challenges in Practice

NZ $40.00
Vicki Ammundsen 2016 Stephen McCarthy 2016
Vicki Ammundsen
Vicki Ammundsen Trust Law Limited
Stephen McCarthy
Stephen McCarthy Barrister

This book is only available in PDF format
Authors: Vicki Ammundsen, Stephen McCarthy
Published: 11 October 2016
Pages: 28


There is no introduction for this publication.

Content outline

  • Challenges in practice from the practitioner’s perspective
    • How to obtain good instructions
    • Family Protection Act
    • Law Reform (Testamentary Promises) Act
    • Property (Relationships) Act
    • Children
    • Property
    • Are inter Vivos trusts an alternative to a will?
    • Will made by an attorney acting under an enduring power of attorney
    • Practical advice when disinheritance is on the will-maker’s mind
    • Validation of wills
    • Checklists
    • Charging an appropriate fee
  • Challenges in practice from the litigator’s perspective
    • What happens if you end up in Court?  
    • Will and estate litigation
    • Who are the parties?
    • Conflicts of interest
    • Executorship boundaries
    • Removal of executors
    • Relationship changes between the making of the will and death
    • Relationship property claims
    • Particular management issues
    • Time limits
    • Authorising a will under the protection of personal and property rights act 1988
    • Validation of a will under s 14 Wills Act 2007
    • Correction of a will
    • Negotiations and ADR
    • Court procedure basics
    • Judicial discretion
    • Costs
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