Complex Estate Planning and Disputes Conference
Enter the world of complex estate planning and difficult disputes. Get up to speed on equitable undue influence, probate undue influence, and all that is breach of fiduciary duties. Examine mediation and documenting the resolution of estate litigation. Drill down on trusts and tax planning for high net worth clients and analyse judgments on promissory and proprietary estoppel and so much more. This is a must attend conference for wills and estate lawyers. 2111N32
Description
Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation
Session 1
Estate Disputes and Litigation
Chair: Gerard Basha, Partner, Bartier Perry; Accredited Specialist in Wills & Estates Law; Leading Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Family Provision Case Update
- Recent (2021) family provision judgments at first instance
- Recent (2021) family provision judgments on appeal
- Key take-aways from the authorities
- Principles and trends
- Family provision orders as alternate relief in contested probate claims
Presented by Patricia Muscat, Barrister, 13 Wentworth Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
9.50am to 10.35am Undue Influence in Probate Claims
- What is undue influence in probate?
- The difference between equitable undue influence and Probate undue influence
- Presumptions of undue influence in equity as opposed to the lack of presumptions in Probate
- Suspicious circumstances and undue influence in probate
Presented by Alun Hill, Barrister, Chalfont Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Breach of Fiduciary Duties in Administration of Estates
- Fiduciary duties of executors on drawing a will
- Fiduciary duties in administering an estate
- Conduct that could amount to breach of a fiduciary duty
- Significant cases regarding breach of fiduciary duty by an executor
- Remedies available
Presented by Mandy Tibbey, Barrister, Eighth Floor, Wentworth Chambers; Part-Time Senior Legal Member, NSW Civil and Administrative Tribunal, Mediator of the Supreme Court and District Court of NSW
11.35am to 12.20pm Wills and Estates Mediation
- Background to mediation and matters appropriate for mediation
- Preparing for the mediation
- Opening session of mediation and course of the mediation
- Role of the mediator and reality testing parties
- Conclusion of the mediation
Presented by Paul Studdert, Mediator, Studdert Mediations; Mediator of the Supreme Court of New South Wales
12.20pm to 1.05pm Documenting the Resolution of Estate Litigation
- Is there a binding agreement between the parties?
- Disclosure of the contents of negotiations
- Are Orders of the Court needed?
- Practice and procedure in the Succession List
- Deeds vs Agreements
- Consent from beneficiaries & minors’ entitlement
- Terms of the Agreement and drafting tips
- Releases and their approval
- Obtaining independent legal advice
Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist in Wills & Estates Law; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Estate Planning Essential Toolkit
Chair: Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
2.00pm to 3.00pm Promissory and Proprietary Estoppel, Testamentary Promises and Estate Planning
- When is a testamentary promise enforceable regardless of the testator’s subsequent change of heart?
- Review of the judgments of Ward CJ in Eq being E Co v Q [2018] NSWSC 442, (No 2) [2018] NSWSC 445, (No 3) [2018] NSWSC 646, (No 4) [2019] NSWSC 429, (No 5) [2019] NSWSC 844 and judgments of the Court of Appeal being Q v E CO [2020] NSWCA 220 and [2021] (No 2) NSWCA 15
- What does this mean for ‘family meetings’ for collaborative succession planning?
Presented by Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
3.00pm to 4.00pm Estate Planning: Trusts and Tax Planning for High Net Worth Clients
- The fears of estate planners impacting family law and family provision
- Control points after death
- The perpetuity question
- Non-resident beneficiaries
- Challenging the on-going trust, review of the Owies Case [2020]
Presented by Ken Schurgott CTA, Director-Solicitor, Schurgott & Co Lawyers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Binding Financial Agreements: Section 95 Succession Act Releases and Family Loans as Part of Estate Planning
- Binding Financial Agreements for estate planning lawyers
- General information and examples of agreed terms
- Who might/might not use them and their effectiveness
- Recent cases
- Integration of inter vivos Section 95 Releases
- Meet the new family bank
- Effective family loans
- Recent cases
Presented by Mark Squire, Special Counsel, Atkinson Vinden Lawyers
Presenters
Gerard Basha
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.
Patricia Muscat
Patricia was called to the Bar in 2019 and practices in wills and estates (including contested probate and family provision matters), protective matters and general equity.
She has appeared led and unled in hearings, motions and directions hearings, primarily in the Equity Division of the Supreme Court. Prior to being called to the Bar, Patricia was an Associate at Uther Webster and Evans practising primarily in the same areas of law. Patricia worked as the tipstaff to the Family Provision List Judge, the Honourable Hallen J, in the Supreme Court of New South Wales in 2014.
Alun Hill
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.
Mandy Tibbey
Mandy Tibbey, of 8th floor, Wentworth Chambers, was called to the Bar in 2004, having practised as a solicitor before that. She has an equity/commercial practice including Wills, probate, family provision, trusts and other equity litigation. She is also a Senior Legal Member of NCAT in the Guardianship, Commercial and Consumer and Administrative and Equal Opportunity Divisions of NCAT and a contributing author for Thomsons Civil Practice and Procedure. Her degrees, B. Juris, LLB and LLM are from UNSW.
Paul Studdert
Paul Studdert joined Supreme Court in 1974, working as a clerk in the Family Law Division, Court of Appeal, Solicitors/Barristers Admission Boards and Probate Division until 1982. Admitted as a non-practising barrister in 1981. Appointed Deputy Registrar 1982, Senior Deputy Registrar in 2000 and worked almost exclusively in the Probate Division/List during those years until retirement from the Court in 2015. Appointed Court-Appointed Mediator in 1999 and conducted Court Annexed mediations 1999 to 2015. Has been a private mediator after leaving the court in 2015, dealing mostly in wills and estates.
Asheetha Jelliffe
Asheetha has 18 years' experience in Wills and Estates Law and became an Accredited Specialist in 2011. Although her main area of practice is in contested estate litigation, including testamentary capacity matters, family provision cases and other estate administration suits, she has utilised that experience in her growing estate planning practice. She also has experience in Elder Law related issues and applying for 'out of the ordinary' grants of probate and letters of administration. Asheetha is a member of the Society of Trust and Estate Practitioners. Asheetha has been listed in the 2021 Doyles Guide's lists of Leading Estates Litigation Lawyers and Wills Estates and Succession Planning Lawyers in New South Wales.
Paul Evans
Paul has over 20 years' experience in the area of Private Clients having qualified as a solicitor in England in 1992 and in NSW in 1994. He specialises in wills and estate planning, disputes to wills, protecting assets for future generations and estate administration. Paul is highly experienced in assisting a range of clients including high net worth individuals in transferring and protecting their wealth. He has also helped many clients with a blended family to create solutions to provide for all family members. Paul is a regular speaker on Wills and Estate Law at estate planning, estate administration and superannuation seminars.
Monica Ross-Maranik
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.
Ken Schurgott CTA
Ken specialises in taxation matters including State taxes, stamp duty, payroll tax and land tax. He has extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning, trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken has been heavily involved in consultations with the ATO and Treasury on matters involving trusts.
Mark Squire
After conducting his own city practice for many years, Mark Squire has now opted for an ‘administrative-free’ role as Special Counsel at Atkinson Vinden (with whom he has had a lengthy association). In this role, Mark is able to practice substantially in estate planning with a particular interest in blended family issues. Mark is a former part-time lecturer at UTS and is a regular presenter to legal and other professional groups, mainly for Legalwise.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)