Family Provision Claims Conference 2020
Don’t miss this chance to review recent case law and emerging issues in family provision claims. You will work through a range of comprehensive and focused sessions tackling the key issues facing wills and estate practitioners including estrangement; claims by adult children, spouses & de facto spouses; notional estates; and equitable remedies. You won’t find a more in-depth and useful guide to family provision claims anywhere else.
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Family Provision Claims – Your Essential Guide
Chair: Paul Blackburn-Hart SC, 7th Floor Wentworth Selborne; Accredited Mediator; Best Lawyers 2021, Trusts and Estates; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2020
9.00am to 10.00am: Equitable Remedies and Family Provision Litigation
Presented by John Armfield, Barrister, 2nd Floor Wentworth Chambers; Preeminent Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
10.00am to 11.00am: Estrangement as it Pertains to Family Provision Claims
- Case study
- Recent decisions
- What to ask when taking instructions
- Effect on quantum
Presented by Victoria Hartstein, Barrister, Chalfont Chambers
11.00am to 11.10am Break
11.10am to 12.10pm: Navigating Claims by Spouses and De facto Spouses
- Broad general rule in Luciano v Rosenblum (1985) 2 NSWLR 65
- Contest between second wives and children of a prior marriage
- Recent cases
Presented by Despina Christofis, Barrister, Fourth Floor Selborne Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
12.10pm to 1.10pm: The Adult Child as a Family Provision Claimant
- Principles applying to claims by adult children
- The adult child and competing beneficiaries
- Some recent cases involving adult children
- Explaining Family Provision Law to claimants and beneficiaries
Presented by John Clifton, Barrister, Edmund Barton Chambers
Session 2
Hearing Preparation, Notional Estate and Family Law Impact
Chair: Gerard Basha, Partner, Bartier Perry; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
Professional Skills
2.00pm to 3.00pm: Preparing for a Hearing in a Family Provision Claim
- When to prepare for the hearing
- Marshalling your evidence
- Appropriate inquiries, including the use of Notices to Produce and subpoenas
- Using a trial schedule
- Objections to evidence
- When to ‘hold’ and when to ‘fold’
Presented by Margaret Pringle, Barrister, Chalfont Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
3.00pm to 4.00pm: Notional Estate in the Succession Act 2006 (NSW)
Special emphasis will be on the following sections:
- History that brought into legislation the concept of Notional Estate
- Section 76: examples of what are ‘relevant property transactions’
- Section 80: the making of a Notional Estate order by the Court and the 3 and 1 year time limitations regarding a relevant property transaction
- Section 88: matters to be taken into account by the Court regarding Notional Estate orders
Presented by Victoria Hartstein, Barrister, Chalfont Chambers; Prepared by Alun Hill, Barrister, Chalfont Chambers
4.00pm to 4.10pm Afternoon Tea
4.10pm to 5.10pm: Intersection of Family Law with Family Estate Provision Claims: Practical Insights
- Section 95 releases
- Intestacy provisions
- Family law claims commenced/not commenced before death
- De facto considerations
- Making a family provision claim after a family law property settlement
- Family provision vs family law outcomes
Presented by Linda Clarke, Barrister, Second Floor Wentworth Chambers
Presenters
Paul Blackburn-Hart SC, 7th Floor Wentworth Selborne
Paul has had wide experience over many areas of practice, with particular emphasis in equity and commercial matters, including appellate. Paul is an experienced mediator, accredited with the NSW Bar Association and the Supreme Court of NSW. He appears in both NSW and interstate cases. He has also appeared as an expert witness.
Victoria Hartstein, Barrister, Chalfont Chambers
Victoria was admitted as a barrister in NSW in 1978. Victoria has been practising at the NSW Bar in general civil areas since 1995. She regularly appears in the Family Provision List and is briefed extensively by the NSW Crown Solicitor and by the NSW Health Care Complaints Commission (HCCC). Vicki Hartstein specialises in family provision law, professional discipline related to legal practitioners and medical and allied health practitioners, child protection including international child abduction (involving the Hague Convention on Civil Aspects of International Child Abduction) and administrative law relating principally to Children's Guardian matters.
John Clifton, Barrister, Edmund Barton Chambers
John practises in the areas of equity including wills and probate, Family Provision matters, insurance litigation and commercial including mortgages and contractual disputes.
Despina Christofis, Barrister, Fourth Floor Selbourne Chambers
Despina Christofis was called to the NSW Bar in October 2007, having practised as a solicitor since 1999. Her primary practice involves estate litigation, including family provision, wills and probate and equity. She has been involved in assisting the NSW Bar Practice Course and presented a number of seminars in estate litigation, including for the NSW Bar Association. Despina has written a variety of loose leaf titles for LexisNexis Halsbury's Laws of Australia.
Alun Hill, Barrister, Chalfont Chambers
Alun Hill was called to the Bar in February 1980. He practises mainly in Probate and Equity.
His Probate practice covers the usual disputes regarding wills and testamentary instruments. His Equity practice has particular emphasis on deceased estates, Family Provision, next-of-kin inquiries and Trusts. He has been retained in various matters by the NSW Trustee and Guardian (formerly the Public Trustee) for the past 28 years. Alun also practices in other areas including Family Law.
Margaret Pringle, Barrister, Chalfont Chambers
Margaret Pringle was admitted as a solicitor in February 2001, having previously qualified and worked as a registered nurse. She was employed by the former Public Trustee (now NSW Trustee & Guardian) specialising in Equity litigation involving deceased estates. In 2007 Margaret was awarded a Master of Jurisprudence (USyd). Margaret was called to the NSW Bar in May 2010 and practices primarily in the Equity jurisdiction of the Supreme Court in matters relating to the estates of deceased and incapable persons.
John Armfield, Barrister, 2nd Floor Wentworth Chambers
John specialises in estate litigation. Regularly advising and appearing for plaintiffs and estates in relation to matters in the Equity Division of the Supreme Court of New South Wales. John has extensive experience in representing clients at mediations and informal settlement conferences. He has also acted as a court-appointed mediator with respect to family provision claims. His practice has a strong emphasis on probate, family provision applications and will construction. He has also appeared in applications seeking a review of orders allowing commission to executors.
Linda Clarke, Barrister, Second Floor Wentworth Chambers
Linda practises in the Equity and Probate divisions of the Supreme Court of New South Wales in the areas of wills and estates including Family Provision (Chapter 3 Succession Act cases) and contested wills. She has a particular interest in the Protective jurisdiction. Her areas of practice also include Family Law.
Gerard Basha, Partner, Bartier Perry
Gerard is the Head of Bartier Perry's Private Clients Group. He is recognised as a leader in his field, and his clients benefit from his wide-, ranging experience and specialist legal advice. Gerard has advised and been involved as an expert court witness in succession law cases. He is an Accredited Specialist in Wills and Estates Law and a Notary Public, secretary of the NSW Wills and Estates Law Accredited Specialists Practice Group. Gerard served as a director on a number of boards and currently sits on the committees of a number of community based organisations.