When Promises Bind: Estoppel, Mutual Wills & Succession Claims - succession law Power Pair of recorded webinars

This Power Pair comprises 2 of our most popular succession law webinars from the past year.
 

Webinar 1: Equitable Estoppel in Succession Disputes: Rethinking Strategy after Slade v Brose

Claims for compensation in rural and farming family contexts often lean heavily on equitable estoppel - especially where promises of inheritance or land transfers remain unfulfilled. But the NSW Court of Appeal’s decision in Slade v Brose [2024] NSWCA 197 challenges that reliance, suggesting that in some cases, unconscionability - rather than inducement or representation - may be the true foundation for relief. This session invites practitioners to critically reassess their approach to these disputes and consider whether estoppel is always the best or only option. Topics covered include:

• A detailed analysis of Slade v Brose, examining how the Court framed the relevant principles and whether the facts demanded a move away from estoppel toward a broader unconscionability analysis
• The wider implications for similar cases, including when a representation is sufficiently clear, whether reliance must be the sole cause of loss, and how detriment should be assessed in practice
• Practical guidance on strategy - including how to elicit key facts during instructions, when to consider alternative or concurrent claims such as constructive trusts or proprietary relief, and how to frame pleadings to maximise flexibility and outcomes for clients

Webinar 2: Till Documents Do us Part: Mutual Wills in the Modern Context

Mutual wills involve a binding agreement that may restrict future testamentary freedom—but poor drafting can leave those intentions open to challenge. This session explores the complexities of mutual will arrangements and the importance of drafting both the wills and associated contracts with clarity and care. Topics include:

• What makes a “mutual will” and how it differs from mirror wills
• The role of the binding contract and its relationship to the wills
• Legal consequences when the surviving party revokes or changes their will
• The importance of clearly expressed mutual intention and discerning the subject matter of the contract
• Common drafting pitfalls: vague terms, inconsistent clauses, imprecise identification of beneficiaries, and how drafting failures can undermine enforceability
• Balancing enforceability, fairness, and flexibility—especially in blended family scenarios
• Mutual wills and the impact of notional estate provisions in NSW
• Equitable estoppel and contracts to make a will: what’s the difference?
• Recent case law including enforceability of informal and verbal contracts

Special Purchase Offer – The April Advantage

This pair of recorded webinars would usually cost $539, but as part of The April Advantage Offer you can buy the pair for only $330 if you order by 30.4.26.