This On Demand was recorded on 25 August 2026.

Preparing a s 55 will on behalf of a subject person requires careful judgment, sound drafting, and a clear understanding of what needs to happen next via the probate process. 

This On Demand will explore when a s 55 will is appropriate, key practical and procedural considerations, and common challenges practitioners may face in obtaining probate of a s 55 will. It will also address best practice in drafting the will and supporting affidavit, as well as the role of the lawyer acting for the Subject Person.

Learning Outcomes

Learning Outcomes

• Identify when a section 55 will may be appropriate
• Understand the key steps in the s 55 will 
• Apply best practice in drafting wills and supporting affidavits
• Recognise the role and responsibilities of the lawyer for the subject person
• Understand the key steps for the probate process of the s 55 will
• Navigate common issues arising in applications for probate

Who Should Watch?

Property, trust and private client lawyers, family lawyers, litigators, and other professionals involved in estate planning, disputes, or administration.

Presenter

Theresa Donnelly | Head of Legal, Perpetual Guardian

with thanks to Mary Rozeboom.