Complex Estate Administration and Probate Proceedings Intensive
Unravel the intricate hot spots of complex estate administration and probate. Decipher the difficulties of intestate estate administration. Gain insights on proving an informal will. Acquire steps to follow when approaching the court when dealing with uncertain and unknown beneficiaries. Review Benjamin Orders and gain lessons from recent Probate and Family Provisions cases. This annual event is a must-attend for all wills and estates lawyers. 216N33
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Louise Brown, Senior Policy Officer, Legal, NSW Trustee and Guardian
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Proving an Informal Will: Procedure and Requirements
- The executor's duty
- Proving as against intestacy and a previous will
- Proving in case of alterations
- Suicide notes and affected persons
- Review of contested proceedings
Presented by Irina Hoskinson, Barrister, 3 St James Hall
9.50am to 10.35am Intestate Estates Administration: Entitlement and Evidence
- Application for Administration: who is entitled and the identification process
- Evidence required to prove entitlement
- Foreign marriages, divorces and children
- Spouse entitlements/competing spouses/other spouse remedies
Presented by Ron Aurelius, Special Counsel, Bartier Perry
10.35am to 10.50am Morning Tea
10.50am to 11.35am Benjamin Orders: Recent Decisions
- When and how to approach the Court where the entitlement to an estate is uncertain or unknown
- Application by NSW Trustee & Guardian (Estate of Edward Charles Turner) [2020]
- Recent decisions concerning Benjamin orders
- Judicial advice on estate administration
Presented by Hugh Morrison, Barrister, 13th Floor St James Hall; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
11.35am to 12.20pm When Charities are Wrongly or Poorly Indicated in a Will
- Charitable purpose: review Statute of Elizabeth 1601
- Charities Act 2013 (Cth) and Charitable Trusts Act 1993 (NSW) in identification of a charity
- The role of the Supreme Court and the role of the Attorney General as Protector of Charities
- Errors and misdescriptions of beneficiaries
- Graeme Philip White as administrator of the Estate of Josephine Agnes Virgona v Attorney General of NSW [2019]
- Re estate of the late Stasha Berger [2020]
- Harmony – The Dombroski Foundation Ltd v Attorney General in and for the State of New South Wales [2020]
- Smolonogov v Our Lady of Kazan Russian Community of Lidcombe Inc [2020]
- Relevant applications, including advice (s63 Trustee Act 1925), cy-pres schemes, construction and rectification
Presented by Margaret Pringle, Barrister, Chalfont Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
12.20pm to 1.05pm Recent Probate and Family Provision Decisions
Review recent probate cases and trends in Family Provision cases, consider their significance, and explore the practical takeaways that will impact your clients and your practice.
Presented by Mercia Chapman, Senior Legal Counsel, Equity Trustees
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia
Presenters
Louise Brown, Policy and Project Solicitor, Legal, NSW Trustee and Guardian
Louise is normally the Registrar in Probate at the Supreme Court. You’ve probably received the odd requisition from her over the years or used her Practitioner Guidelines on the Supreme Court website. For the past 21 months Louise has been on secondment to the NSW Trustee and Guardian where she has been working with the legal team and broader organisation on numerous projects and initiatives. Louise has been a member of the Elder Law Committee of the Law Society for five years and is a regular presenter at CPDs in the area of succession. Louise is due to return to the Court in June 2021.
Irina Hoskinson, Senior Deputy Registrar, Supreme Court of New South Wales
Irina commenced working in the NSW Courts system in 2003. Her last position before starting in private practice was Deputy Registrar of the Supreme Court of NSW. In that role she dealt with possession of property, probate and administration matters; and presided over examinations. In private practice, she dealt with bankruptcy, corporate insolvency, debt recovery and family provision matters. She appeared both in NSW and federal jurisdiction. Irina was called to the Bar in 2016 and takes briefs to appear in Supreme Court, Federal and Federal Circuit Courts, Family Court, Local Court and NCAT.
Ron Aurelius, Special Counsel, Bartier Perry
Ron is a wills and estates lawyer with over 30 years’ experience. Ron’s focus has always been on estate planning, estate administration, estate litigation and property. He combines his legal skills and knowledge with a desire to achieve the best results for his clients as efficiently as possible. By continually refreshing his knowledge, Ron always brings an up-to-date and pragmatic approach to resolving issues for his clients. His ‘can do’ approach and substantial experience means that he is commercially focused.
Hugh Morrison, Barrister, 13th Floor St James Hall
Prior to being called to the NSW Bar in 2017, Hugh worked as a solicitor at Teece Hodgson & Ward, and as Tipstaff to the Probate and Protective List Judge in the Equity Division of the Supreme Court of NSW. He was a Guest Editor (with Mary-Ann de Mestre) of a special edition of the Australian Bar Review entitled Estate Administration in Probate, Family Provision and Protective Cases, cited as (2016) 43 Aust Bar Rev. Hugh has a particular focus on the Court's equity, probate, family provision and protective jurisdictions.
Margaret Pringle, Barrister, Chalfont Chambers
Margaret 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.
Mercia Chapman, Senior Legal Counsel, Equity Trustees
Mercia was admitted to legal practice in 1976 and practised as a solicitor in the areas of probate, wills, trusts, estate planning and property for 15 years. She became a member of the Victorian Bar in 1991 practising in probate, wills, trusts and property. She is the author of many articles and co-author of many books including Limitation of Actions Handbook and Practical Forms and Precedents (Victoria). Mercia is past Chairman of the Victorian Branch of STEP, and a member of the Victorian Supreme Court Probate Users' Committee and the Chair of the Law Institute of Victoria Succession Law Committee.