Key Risk Checklist: Family provision claims

17 July, 2014

Acting for claimants – out of time TFM ☐  Be familiar with the provisions of Part IV of the Administration and Probate Act 1958 (Vic) (Act). ☐  When taking initial instructions from a potential Part IV claimant ensure you clearly discuss with the client: the eligibility requirements for a family provision claim at section 90 […]

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Key Risk Checklist: Testamentary capacity

14 July, 2014

Testamentary capacity ☐  Take comprehensive instructions from the will maker in person, on their own. ☐  Be ever mindful of the issue of capacity and satisfy yourself that the will maker meets the various elements of the test, that is, the will maker must[1]: Be aware of and appreciate the significance of the act which […]

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