Will and estate planning for clients with physical disabilities

This webinar aims to equip practitioners with key insights and practical guidance for working with clients who have physical disabilities when making a will and undertaking estate planning. It will highlight the additional steps, safeguards, and evidentiary requirements necessary—particularly in cases involving clients who are blind, visually impaired, illiterate, or unable to communicate in English—to ensure the validity of a will and reduce the risk of future challenges or claims against practitioners.

Topics covered include:

• Making a will: legal requirements
• Presumption of knowledge and approval
• Additional steps and safeguards:
  • Involvement of a professional
  • Will drafting and preparation
  • Formatting and alternative formats
  • Attestation clauses
  • Anticipating issues on signing the will
• Challenging will on grounds of knowledge and approval:
  • Suspicious circumstances
  • Evidence of due execution
  • Evidence to contest a will
  • Evidence to defend a will
• Other considerations
  • Evidence of due execution
  • Evidence of will of blind or illiterate testator
  • Rectification and/or construction of the will
  • Professional negligence
  • Costs and time limits
  • Impact if successful in challenging will
• Other grounds to challenge validity of will