Inheritance (Family Provision) Act Claims and Probate Disputes
We’ve gathered the experts who will address the critical issues you need to unravel when faced with IFP claims and probate disputes. Hear the latest updates on probate practice and procedure from the Register of Probates. Review the latest updates & strategies in IFP cases involving spousal claims, estrangement, and claims by adult children and grandchildren. Explore the key aspects of validating a will including dealing with fraud, forgery, testamentary capacity and undue influence. WEB225S01
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on SA legislation
Chair: Richard Ross-Smith, Barrister, Anthony Mason Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
PROBATE DISPUTES
9.00am to 9.10am INSIGHTS FROM THE REGISTRAR OF PROBATES: Opening Address
Presented by Christina Flourentzou, Registrar of Probates, Courts Administration Authority
9.10am to 10.05am Validity of a Will
- Testamentary capacity
- Undue influence
- Knowledge and approval of contents
- Fraud
- Forgery
Presented by John Cronshaw, Barrister Solicitor, John Cronshaw
10.05am to 10.25am Costs in Inheritance (Family Provision) Act Claims
- The Act and the common form order
- Practice Direction 27 / Direction 8.1 / Supplementary Rule 195 /?
- Singer v Berghouse per Gaudron, J
- Bowyer v Wood
- Pizimolas v Pizimolas
- Orders made since Pizimolas
Presented by Michael Magarey, Barrister, Howard Zelling Chambers
IFP ACT CLAIMS
10.25am to 11.10am Claims by Grandchildren
- General strength or weakness of grandchildren’s claims
- A caution about drawing on interstate cases
- Puckridge and NZ cases leading up to it
- Colombus v Efstathis
- Succession Bill 2021
Presented by Michael Magarey, Barrister, Howard Zelling Chambers
11.10am to 11.25am Morning Break
11.25am to 12.20pm IFP Act Claims by Adult Children and Siblings
- Relevance of the moral claim
- Current judicial approach
- What’s the current landscape?
Presented by David Riggall, Barrister, Anthony Mason Chambers
12.20pm to 1.15pm Claims by Spouses: Estrangement & Disentitling Conduct
- Claims by a spouse: general position, and analysis of recent decision of Bramwell v Bramwell & Ors [2022] SASC 12
- Estrangement and disentitling conduct: the SA position
Presented by Jennifer Brook, Director, Sedsman Legal and Victoria Gilliland, Barrister, Nexus Chambers
Presenters
Richard Ross-Smith
Richard Ross-Smith was educated at Scotch College and the University of Adelaide. He was first admitted to practice in the Supreme Court of South Australia and Federal Court in 1978. He was a partner in one of Adelaide's largest commercial law practises. Richard was admitted to the South Australian Bar in 1996. He has spent the whole of his practicing life in the fields of commercial and corporate law. His specialties are insolvency, trade practices disputes, banking and finance, property disputes, trusts and equity and construction law. He has tutored in torts at the University of Adelaide. His interests outside of the law are sport (playing and watching it), theatre, films, and wine.
Christina Flourentzou
Christina was admitted in the Supreme Court of South Australia in June 2010. She began practicing in private firms specialising in the areas of wills, probate, estate administration, inheritance family provision claims and trusts, including charitable trusts. Christina was the first practitioner in South Australia to complete the Applied Masters in Wills and Estates from the College of Law in New South Wales in 2014. Christina was selected as the successful applicant for the Supreme Court of South Australia’s Step Up to the Bar Program in 2017. During her time at the Supreme Court she had the unique opportunity of working closely with the Judiciary, in particular, the Chief Justice. Christina then joined in the Independent Bar in mid-2018 and was appointed as the Registrar of Probates in June 2019. Since becoming the Registrar of Probates, she also assists the Masters of the Supreme Court by conducting regular mediations and occasionally sits as an Auxiliary Master of the Supreme Court.
John Cronshaw
John Cronshaw graduated from Adelaide University with a Bachelor of Laws degree in 1983 and a Graduate Diploma in Legal Practice in 1984. He was admitted to practise as a Barrister and Solicitor of the Supreme Court of South Australia in 1985. John practises in all areas relating to Wills & Estates, Trusts, and Property Law (including Conveyancing) and has considerable experience in these areas of law. John has practised law since 1985 and has also gained experience in the areas of Criminal Law, Family Law, personal injury claims, WorkCover claims and general litigation. He is a member of the Law Society of South Australia and a member of the Succession Law Committee.
Michael Magarey
Michael Magarey is a barrister and a member of Howard Zelling Chambers. He qualified for his law degree at Adelaide University in 1970 and for a Bachelor of Civil Law degree at Oxford University in 1973. He went to the bar in October 1999. For the 25 years before that he practised in the fused profession, first as a member of the firm Giles, Magarey & Lloyd and then of the firm Magarey & Magarey. His practice in those firms was a very general one. In the main he acted for real people with two arms and two legs and who in many cases were running their own businesses. He did most things a lawyer could do for them. This included drawing wills, administering estates and conducting disputes about wills. His practice at the bar is largely in the area of disputes about wills and estates. Since being at the bar he has presented papers about wills and estates for LAAMS and The Law Society of South Australia; and for several years has taught in that Law Society's GDLP course in its Wills and Estates Unit. He has presented papers on memoranda of wishes and the Trustee Act for STEP Adelaide. He has a wife and four children. His principal recreation is rowing.
David Riggall
David Riggall is a barrister at Anthony Mason Chambers. He was admitted to practice in 1978 and went to the Bar in 2002. He practises solely in civil litigation. Principal areas are contract, insolvency, trusts and succession.
Jennifer Brook
Jennifer is an experienced litigation lawyer, recognised by clients and colleagues alike for her sensible, pragmatic and personable approach. Jennifer’s litigation practice is focused on probate and estate matters and related areas of the law. She represents individuals, companies, administrators, beneficiaries and Public Trustee in a variety of estate matters, primarily family provision/inheritance claims, solemn form probate matters, will construction and rectification disputes, statutory will applications, and power of attorney and SACAT matters. Jennifer has been a member of the Law Society of South Australia Succession & Elder Law Committee since 2017. Individually, she is named as a Leading Wills & Estates Litigation Lawyers (SA) in the Doyle’s Guide, with Sedsman Legal listed as a leader in both the Wills & Estate Planning and Succession and Estate Litigation categories.
Victoria Gilliland
Victoria was admitted to practice in 2013 and was called to the Bar in 2021. Before joining the Bar, she was a litigation partner in a large local firm. Victoria works predominantly in civil and commercial litigation. She works extensively in the resolution of farming and property disputes and has a particular focus on trust and estate litigation.