Wills and Estates Disputes Conference
Immerse yourself in critical issues in the area of wills and estate disputes. Gain a deep understanding of equitable claims in estate litigation, testamentary discretionary trusts, current practice and procedure in family provision matters, how to deal with superannuation issues on death and the latest cases you need to know. You will walk away with the information you need and practical skills and strategies to bolster your practice.
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This program is based on NSW legislation
Session 1
Case Updates, Informal Wills and Superannuation Disputes
Chair: Paul Evans, Partner, Makinson d'Apice; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
9.00am to 10.00am: Court of Appeal of NSW Update: Decisions in Succession Law for 2020
An essential examination of recent decisions from the Court of Appeal, including the key principles and the practice and procedure learnings that they provide, to immediately include in practice.
Presented by Dr Hayley Bennett, Barrister, New Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020 and Lucie Cooper-Hackman, Barrister, Greenway Chambers
10.00am to 11.00am: Alternative Equitable Claims in Estate Litigation
Analyse equitable issues that may arise and be relevant in contested probate or Family Provision claims including:
- Secret and semi-secret trusts
- Promissory and proprietary estoppel
- Constructive and resulting trusts
- Presumption of advancement
- Equitable severance of joint tenancy
Presented by Monica Ross-Maranik, Consulting Principal, Keypoint Law; Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2020 and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: Recent Decision on Informal Wills
Presented by Alun Hill, Barrister, Chalfont Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
12.15pm to 1.15pm: Dealing with Superannuation Disputes on Death
- Challenges to exercise of trustee discretion: Wareham v Marsella [2020] VSCA 92
- Control by trustee and obligations of administrator: McIntosh v Mcintosh [2014] QSC 99 and Gonciarz v Bieneas [2019] WASC 104
- Payment of a death benefit: Wooster v Morris [2013] VSC 594
- Validity of a binding death benefit nomination: Munro v Munro [2015] QSC 61
Presented by Anthea Kennedy, Partner, Bridges Lawyers; Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2020 and Preeminent Wills, Estates & Succession Planning Doyle’s Guide 2019
Session 2
Family Provision Claims and Construction of Wills Disputes
Chair: Richard Neal, Partner, Teece Hodgson & Ward; Accredited Specialist in Wills & Estates Law; Preeminent Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
Professional Skills
2.00pm to 3.00pm: Construction of Wills: Recent Cases, Tips and Traps
- General principles of construction of wills
- Evidence in construction of will suits
- Construction of will proceedings procedure
- Recent cases
Presented by Katelin Whitley, Principal, Bestic Law; Accredited Wills and Estates Specialist; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020 and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
3.00pm to 4.00pm: How Family Provision Cases Deal with Discretionary Trusts, Risks and Benefits
- The reasons for using a discretionary trust
- Potential benefits: beneficiaries with drug/alcohol/money management issues, bankruptcy, family law
- Potential risks: selection of trustees, conflicts of interest, personal conflict
- How Family Provision cases deal with discretionary trusts
Presented by Therese Catanzariti, Barrister, Thirteen Wentworth Selborne; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
4.00pm to 4.15pm: Afternoon Tea
Professional Skills
4.15pm to 5.15pm: Mastering Practice and Procedure in Family Provision Matters
- Institution of proceedings
- Plaintiff’s affidavit
- Defendant’s affidavit
- Settlement and orders
Presented by John Armfield, Barrister, 2nd Floor Wentworth Chambers; Preeminent Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
Presenters
Dr Hayley Bennett, Barrister, New Chambers
Since becoming a barrister in 2009, Hayley practices in a broad range of areas in including Equity (testamentary capacity, inter vivos property transfers; Family Provision claims); Common law (medical negligence); Public law (health professional discipline, pharmaceutical and food regulation, high risk offender and forensic patient applications); Protective (guardianship, financial management, and issues related to mental illness); Coronial Inquests and other Commissions of Inquiry; and other jurisdictions where complex evidence is a central feature. She also provided expert opinion to courts and tribunals where mental capacity and decision-making were in issue. Hayley previously worked as a clinical and research neuropsychologist specialising in the cognitive and behavioural sequale of neurological, psychiatric, and other medical and psychological disorders.
Monica Ross-Maranik, Consulting Principal, Keypoint Law
Monica works predominately in estate litigation, probate, estate administration and estate planning. She has over 20 years’ practise in the field, including extensive experience conducting high profile litigation and mediation. Monica’s areas of expertise include wills and estate planning, contested probate litigation, Family Provision litigation, probate and estate administration, other estate and equity litigation, trusts and trust litigation, enduring powers of attorney, enduring guardianships and protective jurisdiction advice and litigation.
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.
Anthea Kennedy, Partner, Bridges Lawyers
Anthea has been in practice as a solicitor since 1992. Her work is mainly litigation, a high proportion of which is contested probate, Family Provision cases and other equity work together with estate planning advice. Anthea is an accredited specialist in Wills and Estates Law and the Chair of the Advisory Committee for Specialist Accreditation in Wills and Estates. She is also a member of the Supreme Court Equity Liaison Group. She has been presenting at seminars and workshops in the areas of Wills and Estates law since 2002.
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.
Therese Catanzariti, Barrister, Thirteen Wentworth Selborne
Therese practices in the area of wills and estates including probate, Family Provision and succession planning. She has particular expertise in estates involving small to medium businesses, superannuation, discretionary trusts and intellectual property. She was admitted as a solicitor in 1992 and was a senior associate in corporate and commercial/tax at Mallesons (now King and Wood Mallesons), and then worked in Europe. She was called to the NSW Bar in 2010.
Katelin Whitley, Consultant, Bestic Law
Katelin was admitted to practice in 2001. She advises and acts on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. She has represented estates, applicants, and beneficiaries. Katelin works on both simple and high level estate planning and acts on estate administrations including for large and complex estates. She has expertise in complex application for probate and administration of estates. Since 2012, she has been a member of the Elder Law and Succession Committee of the Law Society of the NSW.
Lucie Cooper-Hackman, Barrister, Greenway Chambers
Lucinda was called to the Bar in 2020, having previously been the Tipstaff to the Hon. Justice Slattery AM, RAN in the Equity Division of the Supreme Court of NSW. Lucinda practices predominantly in general commercial litigation including equity, insurance, and estate administration. During her time with Justice Slattery, she observed and assisted His Honour in the research and preparation of judgments in respect of wills and estates matters, including family provision and estate administration. Prior to her role as a Tipstaff, she worked as a solicitor in general commercial litigation for five years, including in equity and insurance
Richard Neal, Partner, Teece Hodgson & Ward
Richard is a leading lawyer in contested estate claims, Family Provision claims and complex estate planning matters. Richard’s profile in estate planning and estate disputes is demonstrated by his involvement in the area including: a co-author of Succession Law and Practice (NSW) published by LexisNexis, ‘Mason & Handler’; a co-author of Hutley’s Australian Wills Precedents, 9th edition, published by LexisNexis. Richard’s experience in estate disputes and estate litigation coupled with his detailed knowledge of estate planning law and estate administration law gives him a unique ability to advise clients in planning their estates and in undertaking effective estate litigation.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia