The problem
As lawyers we hear this every week, I just want a simple Will. Your client thinks that if they keep the document simple, they will make it easier for their family, and it is difficult to get them to realise that the opposite may be true.
How do you get a client to seriously consider a discretionary testamentary trust instead of a “simple” Will? This is particularly hard when they are being sold on cheap, DIY Wills that can be prepared in 20 minutes. They are sure that the problem must be the lawyer, in fact the people selling the DIY Wills tell the clients that the problem is the lawyer.
While the focus will be on DTT v Simple Wills, we will also talk about discussing why a Will isn’t simple and why a comprehensive Letter of Wishes is also important as these issues are in most cases interwoven. All attendees will get the slides that we go through during the CPD, including some slides you can use with clients in both Powerpoint and Canva format.
THE CPD EVENT
On 30 March 2026 at 12 Noon AEDT we will have an online CPD where we discuss this very problem, how do we get the client to abandon this “simple Will” idea and seriously consider a discretionary testamentary trust? We will hopefully also workshop some questions from those present, and the attendees will also have an opportunity to provide feedback. This CPD will cost $90 and you can register using the button below.
In keeping with previous CPDs, you will get a $50 discount code if you email a requisition from the Supreme Court in relation to an Estate matter and provide enough information for the requisition to make sense. Email it to janis@janisconsults.com and then I will send you the discount code and a survey for you to complete with further questions.
You can find out more about the event by going into the Facebook Group, or you can register for the event by clicking on the button below. The training will be recorded and sent to those who have bought a ticket.
NSW Estate Lawyers Facebook Group
Did you know about the free Facebook Group? This is a group for NSW Estate Lawyers to discuss things that are particular to practising Estate law in this State. Here are some examples of things we discussed in the last week -
(1) I am dealing with an Estate where there is a gift that has failed, so it forms part of the residue, but I am struggling to figure out how to do this on the new online system.
(2) If I apply for rectification of a Will, do I file a Summons for Probate, and a Summons for rectification, or do I deal with both on the same form?
(3) I have an Estate with real estate in Melbourne, can anybody recommend a solicitor in Victoria to act on the sale?
We might also share the occasional post that only other lawyers who practice in this area will appreciate. The idea is to help and support each other, and share information that is helpful.
If you would like to join you can just search for “NSW Estate Lawyers” in groups on Facebook, please make sure that you answer the questions.