Wills and Estates Disputes Summit
With estate disputes seemingly on the rise, this is your opportunity to gain a total roundup of the current issues in disputes involving wills and estates. Seize the moment to be on top of the latest concerns in statutory wills and family provision claims. From challenging the validity of the will through to adequacy of the provision made, you will have everything covered, including conflicts of duty to seek superannuation death benefits & duties owed to FPA claimants. 223W01
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Brendan Ashdown, Barrister, John Toohey Chambers; Recommended Family Law Junior Counsel, Doyle’s Guide 2021; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
STATUTORY WILLS
9.00am to 10.00am Lack of Testamentary Capacity and Statutory Wills
- When would you consider the application of a s40 Will?
- Anecdotal case presentations
- Case studies and group discussions
Presented by Maria Fifield, Consultant, Avon Legal and Dr Liz Vuletich, Director & Consultant Clinical Neuropsychologist, Mindlink Psychology
FAMILY PROVISION CLAIMS
10.00am to 11.00am Administrators and Executors, Scope of Duty to Seek Superannuation Death Benefits and Duties Owed to Potential Family Provision Act Claimants
- Conflict of duty: Burgess v Burgess; McIntosh v McIntosh
- Testator’s implied consent to conflict: Mordecai v Mordecai; Brine v Carter
- Executor’s duty to Family Provision Act claimants: Brooks v Young
Presented by Robert Nash, Barrister, Accredited Mediator, Francis Burt Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Family Provision Claims: Challenging the Validity of a Will
- Principles applicable to Family Provision Claims and the “take away” from recent cases
- Legal costs in Family Provision claims
Presented by Kellie Woods, Special Counsel, Dentons Australia
12.15pm to 1.15pm Adequacy of Provision in Estate Planning and Family Provision Claims
- Estate planning
- Drafting the Will
- Statements of wishes and other ancillary issues
- Family Provision claims
- Meeting the jurisdictional threshold
- Building a case in favour of the exercise of discretion
Presented by James Scovell, Barrister, Francis Burt Chambers
Presenters
Brendan Ashdown
Brendan Ashdown 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 wills & estates, contested probate and family law property matters (appeals, trust, company & third party issues); equity & trusts, property, banking & finance, bankruptcy & insolvency, commercial law & trade practices.
Maria Fifield
Maria has been practising in Wills and Estate Law since 2007. She has a background of 20 years in mental health nursing working in SA, WA and England. Maria has represented her clients in the Magistrates Court, Family Court, Federal Court, State Administrative Tribunal Refugee Review Tribunal and assisted counsel in a refugee matter in the Hight Court, before Kirby J. Her other professional interests include working with the elderly to improve their quality of life and ensuring they have the dignity of choice in their later years.
Dr Liz Vuletich
Liz’s specialties include adult neuropsychological assessment, neuropsychological assessment within forensic and medicolegal settings, assessment of decision-making capacity, fitness to plea assessments. She also has experience and training in the assessment of decision-making (e.g. pertaining to Guardianship, Administration, and Testamentary capacity), and is passionate about cultural competence in working with Aboriginal clients. She has lectured and tutored in tertiary Psychology and Human Biology, and delivered presentations and workshops on a variety of neuropsychological topics to various. Liz is a Fellow of the Australian Institute of Management, and Member of the Australian Institute of Company Directors.
Kellie Woods
Kellie graduated from Murdoch University in 2006 and was admitted to practice in the Supreme Court of Western Australia and Victoria and the High Court of Australia in 2007. Kellie has a wide range of litigation and alternative dispute resolution experience spanning over 14 years in the Federal Court of Australia, Federal Circuit Court and all Western Australian jurisdictions, appearing as both Counsel and instructing practitioner. Kellie’s key practice areas are contested Deceased Estate matters, trust disputes, insolvency and legal costs. In addition to Kellie’s litigation experience, Kellie also has experience in Wills & Estates, Succession Planning and drafting of commercial documents.
Robert Nash
Robert Nash has been 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.
James Scovell
James Scovell's proven expertise and litigation skills are used in conjunction with a pragmatic commercial approach to achieve his instructor's and client's desired outcomes and business needs. James has acted for a broad range of clients, including large ASX listed entities, insolvency practitioners and national lending institutions, in relation to litigation matters in all jurisdictions. In the often challenging role of recovering funds for creditors (including lenders), James' litigation skills are exemplary, while his highly proficient negotiation skills readily come to play when seeking to resolve matters commercially and without the need for litigation. With his widespread insolvency and reconstruction experience, clients and instructors call on James for all aspects of corporate and personal external administration.
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.