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Wills & Estates

Wills & Estates
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Blended families, an ageing population and greater awareness of and willingness to challenge a will means the practice of drafting wills in the context of potential issues regarding testamentary capacity is becoming increasingly complex and onerous for the legal practitioner. This seminar will refresh you on the guiding principles of taking will instructions, how to be on the alert for signs of testamentary issues and offer advice for working with your client in this area of estate planning to fully look after their interests.

This seminar will include:

  • A discussion of the duty of care owed by the will drafter to the will maker when preparing the will
  • Consideration of the will drafter’s duty of care owed to intended beneficiaries under a will including an overview of how the courts in New Zealand and other jurisdictions have framed these duties
  • How to give effect to your client’s wishes to minimise the risk of legal challenge to the will or their estate and how you can add value to this service
  • How to "know your client" and work with them to determine appropriate executors
  • When an assessment of mental capacity is required and how to arrange for an assessment of your client
  • An update on the change in High Court Rules 2016 and forms relating to probate and letters of administration.

Learning objectives

After attending this seminar you will:

  • Gain an appreciation of the duty of care applicable when drafting wills and the importance of establishing capacity when it may be an issue.
  • Become aware of factors you should be considering when drafting a will and how to be "on the look out" to give better effect to your client’s wishes.
  • Gain a greater appreciation of the importance of taking full will instructions and a “reality check” on the pitfalls of not doing so.

Who should attend

Trust and estate lawyers and litigators, family lawyers, junior lawyers, legal executives.

Live Web Stream

This presentation is available via live web stream, direct to your computer. Click here to find out more about web streaming.
Please note: Live Web Stream registrations close 12pm 17 October.


A short paper, in PDF format, together with a copy of the powerpoint presentation will be emailed out prior to the seminar.


  • 4.00pm - 6.00pm (tea and coffee available on arrival)

Fee (incl GST)

In Short

  • $115 - NZLS members and Associate members
  • $165 - Non-members

Do you want to register more than one person for this course? Click here
Download registration form

Auckland 17 October
Live Web Stream 17 October


Samuel Pic WEB EDIT Samuel Ames
Senior Solicitor, Brookfields Lawyers, Auckland

Samuel is a senior solicitor with Brookfields Lawyers. He provides advice on estate planning, estate administration, trust structuring, relationship property and incapacity law. Samuel has a particular interest in charitable organisations and incorporated societies. He is a member of the ADLS Mental Health and Disability Law Committee.

alison-gilbert WEB EDIT Alison Gilbert 
Partner, Brookfields Lawyers, Auckland

Alison leads the Trust and Management Services Team, at Brookfields Lawyers. She provides specialist legal advice on estate planning, the establishment and management of trusts and related asset management structures, relationship property, and elder law. Alison is a member of the Minister of Justice’s reference group on the reform of the law of trusts and the ADLS Trust Law Committee. She is the chair of the New Zealand branch of the Society of Trust and Estate Practitioners, which is the principal professional body for trust and estate practitioners worldwide and a member of the Mental Capacity SIG Global Steering Committee. Alison is the lead author of Lexis Nexis Law of Succession – Practical Guidelines.


Cancellation and refund policy

If written notice of cancellation of a registration arrives before the day of the seminar we will refund the registration fee, less an administration fee of $40. If you are unable to attend, you may send a substitute - to correctly assign CPD credit, CLE must be notified in advance. NZLS CLE Ltd reserves the right to cancel or reschedule seminars if necessary.
freephone (within NZ)
0800 333 111


04 472 7837

04 463 2986
Law Society Building
26 Waring Taylor Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand