| (Live Lecture & Webinar) [RME elective] Wills and Probate: Common Local and Foreign Issues |
| Date: |
29 November 2024 (Friday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
Cantonese 粵語 |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for)
3 RME pts (Accredited by The Law Society of Hong Kong [RME Elective]) |
| Ref: |
L24TP08 |
| Venue: |
Live Lecture or Zoom Webinar
- Rm 2102, 21/F, Beautiful Group Tower,
77 Connaught Road Central, HK
- Online Webinar via Zoom
[View Map] |
Presenter's Biography:
Mr Samuel Li is the Sole Proprietor of Samuel Li & Co., Solicitors & Notaries. He qualified as a solicitor in Hong Kong in 1983. He passed the Notarial Examination in 1995 and was admitted as a Hong Kong Notary Public.
Samuel now focuses on notarial practices. In the preceding 20+ years as a Hong Kong Notary Public, he has an excellent track record in providing notarial services to clients including overseas government, and world's leading brand companies. More than 70 countries and regions on world's 5 continents have accepted Samuel's notarised documents.
Samuel has given 40 seminars to professionals to demonstrate notarial practice, with total audience exceeding 3,485.
Samuel is the author of the soon released notarial book named "Notarial Services in Hong Kong: General Principles, Values and Practice".
Samuel has received 14 Pro Bono Legal Services Awards & Professional Volunteer Service Awards respectively from the Home Affairs Bureau of the HKSAR, The Law Society of Hong Kong and Hong Kong Council of Volunteering in recognition of his promoting legal knowledge and professional volunteering services to the public. In 2014, Samuel was nominated by the Hong Kong Law Society to participate in the Second Leadership Bauhinia Volunteer Award Selection organized by the Agency for Volunteer Service.
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Objective:
The objective of this seminar is to identify and so as to minimise the risks in the preparation and execution of wills.
"Litigation over disputed wills is sadly on the rise and costs can easily swallow up the whole of modest to moderate estates. Just as bad as the financial waste, are the irreconcilable rifts and misery that bitter family disputes can cause …" per Sir Andrew Morritt.
The Court of Appeal commented "In view of the importance that the Court attaches to a will which has been executed before a solicitor in this way, proper groundwork should be undertaken by the solicitor who is charged with this task …".
With the aim to minimize the associated risks, this seminar will focus on the classic Banks v Goodfellow criteria and "the Checklist"; the golden rule and the guidance of the Court of Appeal which are relevant particularly to the infirm and elderly testators; and there will be case studies of 3 decisions of the Court of Appeal.
As people are more mobile, this seminar will include, in the foreign context the "international wills" and the notarisation of wills.
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Outline:
Part A - Wills & Probate
- What is a will?
- Propounding Wills
- Execution of Wills
- Testamentary Capacity
- MMSE Test
- Serial 7 Test
- Banks v Goodfellow Test
- The Checklist
- The Golden Rule
- The Guidance of the Court of Appeal
- Knowledge & Approval
- Testamentary Freedom & Rationality
- Instructions
- 2nd rule of Barry v Butlin (1838) 2 Moo PC 480
- Other Issues
- Common brain impairment causes
- Case Studies
- Chiu Man Fu v Chiu Chung Kwan Ying (CACV 40/2012, 18 June 2013)
- Re Estate of Au Kong Tim ([2018] 2 HKLRD 864; CACV 177/2017 20 April 2018)
{Choy Po Chun v Au Wing Lun (HCAP 7/2010, 4 July 2017)}
- Re Estate of Wong Yin Sheung [2019] HKCA 452
- Review of Wills
- Storage of Wills
Part B - Foreign Elements
- International Wills
- Notaries in continental jurisdictions
- Notaries in Hong Kong
- Notarisation of Wills
Part C - Key Take Away
Q&A
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| Category: |
Trust, Succession & Probate |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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