Family Provision Claims Review
With family provision claims on the rise, don’t miss this chance to review recent case law and emerging issues in family provision claims. Examine testamentary trusts with respect to family provision claims, review problems with civil procedure and the Family Provision Act, and consider how to challenge testamentary capacity & knowledge and approval of a Will’s contents. You won’t find a more in-depth and useful guide to family provision claims anywhere else. 219W03
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Craig Gregson, Practice Director, Gregson & Associates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Challenging Testamentary Capacity and Knowledge and Approval of Contents of a Will
- Challenging Testamentary Capacity:
- The evidentiary burden
- Lay/expert evidence
- Challenging knowledge and approval:
- The evidentiary burden
- The righteousness of the transaction
- Lay/expert evidence
Presented by Dr Peter MacMillan, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Barrister, Doyle’s Guide 2020
9.50am to 10.35am Testamentary Trusts with Respect to Family Provision Act Claims
- Lemon v Mead [2017] WASCA 215
- Bkassini v Sarkis [2017] NSWSC 1487
- Bowers v Bowers [2020] NSWSC 109
Presented by Robert Nash, Barrister, Accredited Mediator, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
10.35am to 10.50am Morning Tea
10.50am to 11.35am Family Provision Claims by Adult Children
- Examine the general principles
- Gain insights on particular claimants
- Quantification of claims unravelled
- Recent developments and examples
Presented by Peter Nevin, Partner, Taylor Smart Lawyers & Notaries; member, Elder Law and Succession Planning Committee, Law Society of WA; Recommended Wills & Estates Litigation Lawyer and Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
11.35am to 12.20pm Review of Recent Family Provision Cases
Review recent cases dealing with various claimants, including:
- De facto spouse
- Former spouse
- Stepchildren
- Grandchildren
Presented by Hugh Cahill, Head of Practice – Commercial & Succession Planning, Cullen Macleod Lawyers; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020 and Heather Williams, Senior Associate, Cullen Macleod Lawyers
12.20pm to 1.05pm Practical Problems Involving Civil Procedure and the Family Provision Act and Ademption Law Reform in WA
- Problems involving Civil Procedure and the Family Provision Act
- What do you do when you get a requisition from Probate Registry?
- What if the requisition from the Probate Registry arrives late on the last day of the 6th month time period?
- If any response you give will be out of time, what happens next?
- Do you make an application out of time?
- Is this a reasonable response?
- Is pursuing that application reasonable?
- If the other side opposes your application, what do you do?
- What if the requisition is wrong?
- Ademption Law reform in Western Australia
- Why is it needed?
- Case law in Western Australia & other States
- Reform of Ademption Law in other States: Should WA follow?
Presented by Dr John Hockley, Barrister, Francis Burt Chambers; Best Lawyers 2022, Trusts and Estates; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020, Diliani Pieris, Manager Compliance, Bankwest and Natalia Tan, Student, Curtin University Law School
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Craig Gregson, Practice Director, Gregson & Associates
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011 and the High Court of Australia in December of 2014.
Craig specialises in Succession Law in Western Australia and is a registered TEP member of the Society of Trust and Estate Practitioners (STEP). Craig is a current Ph.D candidate at the University of Western Australia in the area of succession law reform.
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).
Robert Nash, Barrister, Accredited Mediator, Francis Burt Chambers
Robert was admitted to legal practice since 1987. He has practiced as an independent barrister for 20 years at Francis Burt Chambers. He is a member of STEP and is the non-executive chairman of an ASX listed mining company. Previously he held the position of Head of Panel of the WA Navy Legal Panel and chairman of the Sino-Australian Bauxite Alumina Joint Venture. In recent years his practice at the Bar has been primarily providing advice and acting as counsel in the areas of succession, estate administration, trusts, real property, and military discipline law.
Peter Nevin, Partner, Taylor Smart Lawyers & Notaries
Peter was admitted to practice in 1995. His areas of expertise are wills and estate disputes, commercial litigation and employment law, with a particular interest in wills and estate litigation. He has acted as Counsel for executors, beneficiaries and claimants in relation to Family Provision Act claims, will disputes, capacity matters, estate administration disputes, and other contentious wills and estate matters, and was named by Doyle's Guide as a recommended wills and estate litigation lawyer in Western Australia in 2016 and 2017. Peter is a member of the Society of Trust and Estate Practitioners.
Hugh Cahill, Head of Practice – Commercial & Succession Planning, Cullen Macleod Lawyers
Hugh practices across all areas of commercial law, property law, corporate governance, business succession planning and disputed estates. He acts for and represents private clients, small to medium business owners, not-for-profit organisations and Indigenous organisations. Hugh has tutored and lectured at The University of Western Australia, and University of Notre Dame in areas including property law, corporations’ law, finance law and succession law. Hugh is a fellow of the Taxation Institute of Australia and a member of the Australian Institute of Company Directors.
Heather Williams, Senior Associate, Cullen Macleod Lawyers
Heather practices across all areas of our wills and estates team including business succession planning, disputed estates, enduring powers of attorney/guardianship as well as all matters of employment Law. Heather also practices in general commercial law and business sale agreements. Heather’s key areas of experience include providing advice and preparation of wills, applications for probate and letters of administration, contentious probate/estate matters advising and representing applicants and respondents in the State Administrative Tribunal.
Dr John Hockley, Barrister, Francis Burt Chambers
John practises in the area of wills, estates and family provision. He is one of the authors of "Wills Probate and Administration Service (WA"). John is a member of the Attorney-General's Working Party on Succession Law Reform.
Dilani Peiris, Manager Compliance Bankwest
Dilani Peiris graduated from the University of Western Australia with a Bachelor of Economics (Hons) and LLB. She was admitted to the Supreme Court of Western Australia in 2019. She has worked in a boutique compensation law firm. She is currently working in the Compliance area for Bankwest. She has co-authored a paper about powers of attorney with Dr John Hockley, Barrister at Francis Burt Chambers.
Natalia Tan, Student, Curtin University Law School
Natalia Tan is in her penultimate year of the Bachelor of Laws at Curtin University. She has worked in a boutique family law firm and recently undertook legal research for Dr John Hockley, Barrister at Francis Burt Chambers. She has a deep interest in Family Law and hopes to practise in the area in the future.
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.