Estate Disputes: Inheritance Claims and Probate Litigation
Issues covered include: probate, caveat, estate disputes, passing over applications, family provision, beneficiaries, Trustee Act
Description
Gain practical insights on how to challenge a grant of probate, including lodging caveats and using expert evidence. Master the elements of a successful passing over application. Perfect your family provision claim practice and procedure. And finally, explore how do deal with disputes involving trustees and beneficiaries. With estate claims on the rise, this is a must attend seminar for wills and estates lawyers.
Attend and earn 4 CPD units in Substantive Law
This program is based on SA legislation
Chair: Mark Jordan, Partner, Carpenter & Associates; Preeminent Wills & Estates Litigation Lawyer & Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
9.00am to 10.00am: Challenging a Grant of Probate: Merits, Evidence and Procedure
- The process:
- The caveat: assessing testamentary capacity and whether there are grounds to lodge a caveat
- Warning a caveat
- Next steps
- The use of expert evidence
Presented by Melissa Yule, Consultant, Adelta Legal; Leading Wills & Estates Litigation Lawyer & Recommended Wills, Estates & Succession Planning Lawyer,Doyle’s Guide 2019
10.05am to 11.05am: Passing Over Applications
- Commencing an application
- Elements of a successful application
- Pragmatic alternatives
Presented by Christopher Parker, Partner, Treloar & Treloar Solicitors; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
11.10am to 12.10pm: Family Provision Practice and Procedure: How to Commence a Family Provision Claim
- Procedural issues with commencing family provision claims in South Australia: rules, time limits, giving notice of intention to claim, parties, pleadings or affidavits and their content, extensions of time, issues of distribution of the deceased’s estate
- Categories of claimants, eligibility to make a claim, role of executor in the proceedings
- Hearing and mediation of claims; methods of settling claims
Presented by Graham Edmonds-Wilson QC, Howard Zelling Chambers; Preeminent Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2019
12.15am to 1.15pm: Going into Bat for Beneficiaries: Statutory Protection and the Court’s Inherent Power
- What to do when the executor/trustee won’t release trust documents to a beneficiary
- S36 Trustee Act and the power to remove a trustee
- Using S59 Trustee Act to vary or revoke trustee powers
Presented by David Crocker, Barrister, Edmund Barton Chambers; Preeminent Wills & Estates LitigationJunior Counsel, Doyle’s Guide 2019