Estate Administration and Probate Proceedings
Solutions for Estate Problems – that is what you will gain. Advance your skills on applications for letters of administration, with or without the will annexed. Unpack recent probate decisions and discover significant lessons for your clients. Explore what to do when executors go rogue, what are the solutions? This seminar will transform your practice. 226W04
Description
Attend and earn 3 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Elizabeth Heenan, Consultant, Culshaw Miller Lawyers; Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021; Member, Elder Law and Succession Committee, Law Society of WA; Member, Elder Law and Succession Committee, Law Council of Australia
2.00pm to 2.25pm Proper Provision for a Spouse: Lessons we can learn from Cardaci v Cardaci [No. 5] [2021] WASC 331
- Structure of provision
- Controlling positions
- Memorandum of wishes
- Duties of executors and trustees
Presented by Sally Bruce, Partner, Jackson McDonald; Preeminent Wills, Estates & Succession Planning Lawyer and Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2021; Chair, Elder Law and Succession Committee, Law Society of WA
2.45pm to 3.30pm Contested Probate, Suspicious Circumstances and Undue Influence: Recent Developments
- Elements of the action
- Onus of proof
- Possible remedies
- Recent cases and developments
Presented by Ross Mendonca, Associate Director, Culshaw Miller Lawyers
3.30pm to 3.45pm Afternoon Tea
4.30pm to 5.15pm Complex Applications for Letters of Administration, With or Without the Will
- Applying for a grant of representation
- Who can and who should apply
- Resolving contested applications
- Sacking an administrator
- Limited grants
Presented by Tim Pepper, Consultant, Robertson Hayles Lawyers
4.30pm to 5.15pm When Executors Misbehave: Problems and Solutions
- Executor’s duties to beneficiaries
- Co-executor disputes
- Citations
- Account Remedies
- Revocation of Grant
Presented by Peter Nevin, Partner, Taylor Smart Lawyers & Notaries; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021; member, Elder Law and Succession Committee, Law Society of WA
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.
Presenters
Elizabeth Heenan
Elizabeth Heenan is a Consultant at Culshaw Miller lawyers. Elizabeth has had over 40 years experience practising in the areas of Trusts, Wills, Probate, Administration of Estates, Guardianship matters and advising families on Inheritance Act disputes. Elizabeth is the Consulting Editor to Butterworth’s Wills, Probate and Administration Services in Western Australia. Elizabeth is a member of the Attorney General’s Working Group which has advised on the amendments to the Wills Act Amendment Act 2006 proclaimed in 2008, the Inheritance (Families and Dependants Provision) Amendment Act proclaimed in 2012 as the Family Provision Act, and the Administration Amendment Bill 2021, presently before the Parliament. Elizabeth has been a member of the Law Council of Australia Elder Law and Succession Committee since 2004 (and is the past Chair) and is a member of and chair of the WA Law Society Elder Law and Succession Committee. She is a member of STEP and is a fellow of the Tax institute of Australia.
Sally Bruce
Sally Bruce joined Jackson McDonald in January 2008 and currently holds, the position of Special Counsel with that firm. For the past 20 years, Sally, has practised predominantly in the areas of succession planning, estate, litigation, trusts, deceased estates and guardianship and administration. , Sally is a member of the Law Society of WA and the Society of Trust and , Estate Practitioners. She is also a member of the Elder Law and, Succession Committee of the Law Society and on the board of Diabetes, Research WA.
Ross Mendonca
Ross graduated from the University of Western Australia in 2009 and was admitted to the Supreme Court of Western Australia in 2011. Whilst completing his degree, Ross worked at the Probate Registry as well as the Court of Appeal of the Supreme Court which provided him with an insight and understanding of the Court’s practice and procedure. Following his admission, Ross worked in general commercial law for a number of years before deciding to specialise in his primary practice area of Estate Planning and Deceased Estates. Ross joined Culshaw Miller Lawyers in July 2016 and currently holds the position of Associate Director. Ross’ practice is balanced between estate planning and deceased estate matters. Ross is a member of the Law Society of WA and its Elder Law and Succession Committee.
Tim Pepper
Tim Pepper' s expertise is primarily in the areas of tax, superannuation, wills and estate planning, business succession, trusts and property law. With more than 30 years of involvement in the legal field, Tim is a highly experienced commercial lawyer who works closely with financial advisers, accountants and their clients to provide common sense strategies and effective solutions for the protection of their families, their business and their superannuation. Drawing on varied experiences including advising on commercial operations in Hong Kong, London and Australia and having consulted to many large financial institutions, Tim understands that devising appropriate solutions entails an understanding not only of the law but the implementation of strategies that will meet the client's long term needs. Tim works with his referrers as a team recognising that it is paramount that they work together towards protecting the long term interest of their mutual client. As Tim describes: "My paramount aim is to provide a service of the highest quality with speed and efficiency within a competitive market-place. In delivering legal services, I respect the client's allegiance to an established professional relationship with the financial or business adviser. My role is not to impinge on the advisers' area of expertise. He aims to work effectively with the adviser and seamlessly deliver legal solutions through timely responses, fixed fee arrangements and common sense communication.
Peter Nevin
Peter Nevin is a Partner in the Commercial Litigation practice group of Taylor Smart Lawyers and Notaries. Admitted to practice in 1995, Peter's 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 full member of the Society of Trust and Estate Practitioners.