Onus of Proof in Probate Matters

Course Info

Price

$99.00

CPD Points 1

Competency

C2: Professional Skills (1)

Author Profile

Dr Peter MacMillan

Dr Peter MacMillan competed a BA (Hons) and LLB at Natal, South Africa and an LLM and PhD at Cambridge. He was elected to the Western Australian Bar in 1994. His practice is in commercial litigation, equity and probate.

Course Summary

This seminar is a must for practitioners who deal with contentious probate matters as it will cover the shifting onus of proof in contentious probate matters.

Course Details

This seminar is a must for practitioners who deal with contentious probate matters for its detailed discussion of the shifting onus of proof in contentious probate matters.

Complete this seminar to understand how the onus of proof shifts in solemn form probate actions and the relevance of presumptions in proving a will.

Gain a sound knowledge of:

Who has the onus of proving that an instrument is a will?
How is that onus discharged?
When does the presumption of testamentary capacity arise, when is it necessary for the propounder to lead evidence as to testamentary capacity?
When does the onus shift, and how is that onus discharged?
To what extent is there an onus on the propounder of the earlier of two wills, to prove the invalidity of the second will?

Please note that this seminar is text based without video content.