Estate Administration and Probate Intensive
We’ve gathered the experts who will address the critical issues you need to unravel during estate administration and probate. Unpack equity cases and review case management in the Equity List. Examine judgments in testamentary capacity cases. Learn the ropes of probate accounts and executorial duties straight from a former Probate Registrar. Review intricacies of probate practice and procedure including expert medical evidence in probate proceedings. 226N03
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Louise Brown, Senior Solicitor & Manager (Genealogy), Legal Professional Services, NSW Trustee and Guardian
9.00am to 10.00am Equity Cases in the Areas of Undue Influence & Unconscionable Conduct
- NSW Supreme Court and Court of Appeal case update
- Evidentiary issues to consider
- Case management in the Equity List
Presented by Kim Boettcher, Barrister, Frederick Jordan Chambers
10.00am to 11.00am Testamentary Capacity, Knowledge and Approval in Probate Cases
- Test of testamentary capacity
- Application of the test
- Lawyers assessing capacity
- Knowledge and approval
- Judgements and comments in testamentary capacity cases
Presented by Ron Aurelius, Special Counsel, Bartier Perry
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Probate Accounts
- Overview of when accounts are required
- No objections: seeking commission
- Objections to passing and commission
- By operation of legislation
- Overview of current practice in Supreme Court of NSW
- What are executorial duties as opposed to professional duties
- Useful tips for executors
Presented by Irina Hoskinson, Barrister, Latham Chambers
12.15pm to 1.15pm Probate Practice and Procedure You Need to Know
- Types of caveats and standing to file caveats
- Summons or Statement of Claim?
- Notices to be published and served
- Evidence required in unusual grants, including when dealing with intestate estate, informal wills and international issues
- Current practice in the Succession List
- Expert medical evidence in probate proceedings
Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist in Wills & Estates Law; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
Presenters
Irina Hoskinson
Irina commenced private practice in 2011. Irina was called to the Bar in 2016 and takes briefs to appear in Supreme Court, Federal Circuit and Family Court and Local Court. She appeared in family provision, probate, bankruptcy, corporate insolvency, general equity and family law matters. In 2020 Irina took a break from the Bar for 14 months and held a position as a Senior Deputy Registrar in the role of Probate Registrar in the Supreme Court of NSW. In that role she was making decisions in relation to complex probate and administration matters; she also sat as a Common Law and Equity Registrar and presided over corporations’ examinations. Upon her return to the Bar, Irina currently practices mainly in probate and family provision matters. Irina is a mediator and a costs assessor. She also regularly presents CPD seminars for solicitors on her areas of practice.
Louise Brown
Louise is the Senior Solicitor and Manager of the Genealogy Unit at NSWTG. Louise and her team predominantly deal with complex intestacy matters where there are no known next of kin in Australia who ore able to obtain a grant. Due to the different record keeping practices and confidentiality policies in jurisdictions around the world and the loss of records due to war and migration there are many estates where full certificate evidence is not available and Louise is responsible for commencing all next of kin applications for NSWTG at the Supreme Court. Previously Louise was the Registrar in Probate at the Supreme Court, where she conducted the probate list and dealt with all of the most complex probate and administration applications. Louise was 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.
Kim Boettcher
Kim Boettcher is a Barrister at Frederick Jordan Chambers in Sydney. Kim practises in Equity, Common Law, Guardianship law and Wills and Estates. Prior to coming to the Bar, Kim practised as a Solicitor in commercial and civil litigation law in England and Wales, New South Wales and Queensland. She also practised as a Solicitor at the Seniors Rights Service, an independent legal centre. She was appointed to the NSW Minister of Fair Trading's Retirement Villages Advisory Council in 2013 and also to the Minister's Expert Committee on Retirement Villages Standard Contract Terms and Disclosure Documents in 2011. Kim was appointed to the inaugural Legal Services Council in 2014 and she was reappointed from 2017-2020. She is Treasurer of the International Commission of Jurists Australia and was appointed to the NSW Bar Association’s Succession and Elder Law Committee in 2021.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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