Wills and Estates Litigation
213W03: Catch up on recent developments and key issues for wills and estates lawyers from the last 12 months. Delve into the intricacies of mutual and informal wills, investigate family provision claims including estrangement and costs, understand the intersection of family law with wills and estates and examine critical guardianship issues.
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Elise Croft, Partner, Croftbridge; Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Mutual Wills and Informal Wills
- Mutual wills
- Are mutual wills effective?
- Do mutual wills trump a Family Provision claim?
- Informal wills
- Written document/execution required
- When is an informal will nuncupative and of no effect?
Presented by Dr Peter MacMillan, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020; co-author, Wills, Probate & Administration Service (WA), LexisNexis
9.50am to 10.35am Family Provision Law Update
- Adult children and small estates: What constitutes a small estate?
- Estrangement and disentitling conduct
- Costs in family provision claims
Presented by Peter Nevin, Partner, Taylor Smart Lawyers & Notaries; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020; member, Elder Law and Succession Planning Committee, Law Society of WA
10.35am to 10.50am Morning Tea
10.50am to 11.35am Construction of ‘Meaningless’ Clauses/Wills With the use of Extrinsic Evidence of the Testator’s Intention
- The case law in England and Australia pre-Donnelly
- Examine the case of James Edward Donnelly as executor of the estate of Sarah Shulman v Donnelly and Anor 2020 WASC 254
- Moving forwards
Presented by Dr Jessica Henderson, Barrister, Francis Burt Chambers
11.35am to 12.20pm The Intersection of Family Law and Family Provision Claims
- Priority between claims under the Family Law Act and Family Provision Act
- Former spouses: A second bite at the cherry?
- New spouse vs former spouse vs children of blended families
- The competition for superannuation death benefits
Presented by Brendan Ashdown, Barrister, John Toohey Chambers; Recommended Family Law Junior Counsel, Doyle’s Guide 2020 & Recommended Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
12.20pm to 1.05pm Guardianship Issues: Who will Guard the Guardians?
- Applications to the State Administrative Tribunal and to the Supreme Court under the Guardianship and Administration Act 1990
- Section 4 and section 51 of the Guardianship Act
- The rules relating to additional evidence under the Guardianship Act
- The orders the court may make under the Guardianship Act
Presented by Michael Bowyer, Principal Legal Officer, Public Trustee
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Elise Croft, Partner, Croftbridge
Elise Croft has been practicing in general commercial litigation for the past 13 years. Despite her broad experience base she spends most of her time working on contentious estate matters. She has helped resolve quite a few matters involving issues of paternity and DNA, which now seems to be a more common issue. Elise volunteers her time on the board of Cyrenian House and the committee secretary for STEP(WA).
Dr Peter MacMillan, Barrister, Francis Burt Chambers
Peter practices principally in the areas of equity and wills and estate litigation, as to advice, in Court and on appeal. He is a member of STEP, a visiting Fellow at the University of Western Australia and a member of the Attorney General's Working Party on Succession Law Reform. He has published a number of journal articles and seminar papers and is the co-author of Wills, Probate & Administration Service (WA) (LexisNexis).
Peter Nevin, Partner, Taylor Smart Lawyers & Notaries
Admitted to practice in 1995, Peter’s areas of expertise are probate law and litigation, commercial litigation, and employment law. Hehas a particular interest in probate law and litigation, and provides detailed advice on all types of wills, estate disputes and challenges. Peter also provides detailed advice on all types of commercial litigation, general litigation, and employment matters including drafting industrial agreements and employment law advice.
Dr Jessica Henderson, Barrister, Francis Burt Chambers
Jessica Henderson maintains a diverse advocacy practice including aviation, construction, commercial, employment, family, criminal and public law. She has acted for oil & gas companies, airlines, insurers, government, as well as individuals. Before practising law, Henderson completed a PhD in History from the University of Western Australia (and was awarded a fellowship to the University of Virginia for her research on Thomas Jefferson). She remains both an enthusiastic historian and a dedicated supporter of the Virginia Cavaliers.
Brendan Ashdown, Barrister, John Toohey Chambers
Brendan has been admitted to legal practice for over 25 years. After founding his own firm, and later joining a mid-sized City firm, Brendan commenced practice at the bar in 2005 at John Toohey Chambers. Brendan undertakes trial and appellate work in a wide range of areas with an emphasis on equity & trusts, property, banking & finance, bankruptcy & insolvency, commercial law & trade practices, contested probate, wills & estates, and family law property matters (appeals, trust, company & third party issues).
Michael Bowyer, Principal Legal Officer, Public Trustee
Michael Bowyer studied law at the University of Western Australia and was admitted in 1993. He has practised law in Western Australia and New South Wales, has been the Principal Legal Officer of the Public Trustee (WA) since 2004 and has acted as Public Trustee and Public Advocate on multiple occasions.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.