When I meet with my clients and explain what happens if they lose capacity and do not have an Enduring Power of Attorney in place, I am frequently met with
WESA introduced a shift in the onus of proof in relation to undue influence challenges to wills in some cases. Section 52 of WESA places the onus of disproving undue
“My Friend told me that she has a Will that doesn’t need Probate. Can I get one of those please?” Ahhhhh the Will that doesn’t need Probate! Wouldn’t that be