Nature of evidence and presumptions in probate actions

Course Info

Price
$99.00

CPD Points 1

Competency
  • C4: Substantive Law (1)

Courses by this Author

Published April 2016. Reviewed September 2021 (next review due April 2022)

The Hon Eric Heenan QC addresses a series of presumptions or doctrines which may be encountered in many situations especially in contentious and also non contentious succession cases.

Author Profile

Nature of evidence and presumptions in probate actions

The Hon Eric Heenan QC was appointed to the bench of the Supreme Court of Western Australia in April 2002 where he served more than 13 years as a member of the court before retiring in June 2015.

Course Summary

Published April 2016. Reviewed September 2021 (next review due April 2022)

The Hon Eric Heenan QC addresses a series of presumptions or doctrines which may be encountered in many situations especially in contentious and also non contentious succession cases.

Course Details

In this seminar, the Hon Eric Heenan QC addresses a series of presumptions or doctrines which may be encountered in many situations but, more so, especially in contentious and also non contentious succession cases, including presumptions relating to:

  • Testamentary capacity
  • Due execution
  • Continuance
  • Marriage and legitimacy
  • Death after 7 years’ unexplained absence
  • Simultaneous deaths, order of succession
  • Intestacy or partial intestacy
  • Validity of aged documents
  • Dates of alterations
  • Capacity to procreate or bear children
  • Effect of undue influence
  • Revocation of  a lost Will
  • Against double portions
  • Statutory hotchpot for certain intestacies\

Please note that references made by the Hon Eric Heenan QC to chapter, page and paragraph numbers are references to his paper which is provided as part of this course.