Whether Testamentary Freedom is a Myth in WA is questioned in the light of the Family Provision Act with reference to two main cases from WA : Vigolo v Bostin (2005) 221 CLR 191 and Mead v Lemon (2015) WASC 71 (a claim by the ex-nuptual child of the late Michael Wright).

Duration

Approximately 47 minutes

Testamentary Freedom is regarded as a fundamental human freedom.  This Freedom has been limited by the Family Provision Act

In this seminar the reasons for this limitation and the extent of the limitation are explained, the tests used by the Courts are set out and are applied to the leading cases.

After this CPD Practitioners will be in a better position to advise clients, commence actions, know the tests the Courts will apply; increase their skills and know and apply the terms “moral duty” and “moral obligation” in preparing and interpreting wills for clients.