Family Provision Claims Conference
Looking for a stop gap or lasting solutions to your family provision claims? Leading experts will deliver an array of the latest hard-hitting issues and solutions. Analyse the latest cases and the potential issues of foreign law in family provision litigation. Special grants and family provision costs will be explored with you. Review contested probate cases that are successful in family provision claims including the game changing practice and procedure process. 229N06
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This program is based on NSW legislation
Session 1
Family Provision Claims: Latest Cases and Critical Issues
Chair: 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
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Review of Court of Appeal Family Provision Cases
- Review of recent Court of Appeal decisions
- Take home points: legal and evidentiary
- What makes a lower court decision appellable?
Presented by Linda Clarke, Barrister, 2nd Floor Wentworth Chambers
9.50am to 10.35am Eligibility to Make a Family Provision Claim
- The natural objects of testamentary benefaction: spouse, de facto spouse, child
- The less natural objects of testamentary benefaction: former spouse, dependent member of the household, dependent grandchild, close personal relationship
- Factors warranting
- Establishing dependency
- The concept of a household
- Relevance of category of eligibility to quantum
Presented by Craig Birtles, Barrister, 2nd Floor Wentworth Chambers; Best Lawyers 2023, Trusts and Estates; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Estrangement of Applicants in Family Provision Claims
Special emphasis in this paper will on the following sections:
- Estrangement between children and testators
- Estrangement where testator rejects child
- Estrangement where child takes sides in divorce of testator and former spouse
Presented by Alun Hill, Barrister, Chalfont Chambers
11.35am to 12.20pm Special Grants of Probate Including Proof in Solemn Form & Family Provision
- Intersection of claims under Chapter 3 of the Succession Act and contested probate
- Review of contested probate cases and family provision claims
- Practice and procedure in relation to such matters
- Special grants in family provision claims
Presented by Leah Sewell, Principal, LS Legal; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
12.20pm to 1.05pm Thinking Ahead: Binding Financial Agreements and Releases
- BFA overview including relevance to estate planning
- Do BFAs work?
- Estate Releases: General and inter vivos: eliminating/ending family provision claims
- Family loans: Loans or gifts?
- Relevant cases and samples
Presented by Mark Squire, Special Counsel, Atkinson Vinden Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Family Provision: Procedural Issues, Evidence and Assessing Quantum
Chair: 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 2021
Professional Skills
2.00pm to 3.00pm Procedural Issues in Family Provision Claims, Costs Management and Managing Clients
- Family provision claims: procedure and process generally
- Practice Note SC Eq 7, and other expectations
- Affidavits: tips and traps
- Client expectations, including advising on prospects
- When to make offers and general offer contents
- Costs risk, protections and cautions
Presented by Andrew Stevens, Barrister, 2nd Floor Wentworth Chambers
3.00pm to 4.00pm Update on Assessing the Quantum of a Family Provision Claim
- Need versus want
- Impact on widows
- Contingencies
- Submissions on Quantum
Presented by Daniel Yazdani, Barrister, 13th Floor St James Hall
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Evidence in Running a Family Provision Claim
- Preparing the plaintiff’s case
- Preparing the defendant’s case
- Admissibility of evidence and the practice note
Presented by Justin Brown, Barrister, 13 Wentworth Selborne Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
Presenters
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.
Linda Clarke
Linda is a barrister and NMAS mediator practising primarily in the areas of estate litigation (with an emphasis on family provision and probate) and family law. She appears regularly in the Probate and Family Provision Lists. Linda has a particular interest in claims involving the protective jurisdiction, the use and misuse of POA’s and EPOA’s, and the growing area of elder abuse.
Craig Birtles
Craig Birtles is a barrister at the Sydney Bar specialising in estate litigation. Craig has presented extensively in estate litigation seminars. Craig was named as a Leading Junior Counsel – New South Wales in the Doyle’s Guide for 2019 and 2020. Before being called to the Bar in 2017 he was a senior associate of the firm of Teece Hodgson & Ward, Sydney working predominantly in estate litigation and protective matters. Craig was admitted to practice as a solicitor in 2008. As a solicitor he was an Accredited Specialist in Wills and Estates Law. Craig is a member of the Society of Trust and Estate Practitioners.
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: Coronial Law , being Counsel Assisting in the Sydney to Hobart Inquest, Counsel Assisting in the North Parkes Mine Collapse Inquest and Counsel Assisting in the Sydney Cross-City Tunnel Collapse Inquest; Mining Law; Maritime Law with emphasis on marine pollution and collisions at sea; Building and Construction Law; and Family Law with particular emphasis on matters arising under the Hague Convention on the Civil Aspects of International Child Abduction and matters involving trust and presumptions of advancement.
Leah Sewell
Leah Sewell is a solicitor with 20 years experience, an Accredited Specialist in Wills & Estates and recognised by Doyle’s Guide since 2020 in estate litigation. Leah is also a Trusts & Estates Practitioner with STEP. Leah’s practice covers all areas of wills and estates and elder law, including estate planning, estate disputes, trusts, unconscionable conduct, granny flats and misuse of powers of attorney/guardianships. Leah has recently been appointed by the court as an Independent Administrator in disputed estate matters. LS Legal was founded in 2012 and has recently expanded to the Central West with the opening of an office in Orange.
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.
Monica Ross-Maranik
Monica Ross- Maranik is an accredited specialist in wills and estates law in NSW, working predominately in estate litigation, probate, estate administration and estate planning. She has over 25 years’ practise in the field, including extensive experience conducting high profile litigation which she undertakes with compassion and strategic reasoning. 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 including court authorised wills. Monica holds a Masters of Laws from Sydney University, and is a current member of the International Society of Trust and Estate Practitioners (STEP).
Andrew Stevens
Andrew practices in Equity and Succession Law, including probate, family provision, contested estates and equity claims. He presents at Continuing Professional Development seminars in the topic of succession law. Andrew has achieved a Masters in Laws majoring in Wills & Estates. He previously worked as a paralegal and solicitor prior to coming to the NSW Bar.
Daniel Yazdani
Daniel Yazdani was admitted to the Bar in May 2022. Prior to his admission, from 2020 to April 2022, Daniel was Tipstaff (and, during most of 2021, Acting Associate) to the Hon. Justice Lindsay, who is the Protective List Judge and was for many years also the Probate List Judge, sitting in the Equity Division of the Supreme Court of New South Wales. Prior to his roles in the NSW Supreme Court, Daniel practised as a solicitor in Perth in contentious probate, family provision, and general equity litigation, as well as non-contentious probate, estate planning and conveyancing. Daniel has tutored in both Contract Law and Succession Law units at the University of Western Australia and has previously presented in Legalwise, STEP and Law Society of WA seminars.
Justin Brown
Justin has been listed since 2017 in the Doyle’s Guide as Recommended Junior Counsel in the area of Leading Wills & Estates Litigation Junior Counsel. He is recognised for the depth and breadth of his advocacy skills, understanding of complex legal issues and strategic thinking. Justin is also a lecturer in succession law at the University of Sydney and has been a guest lecturer in the courses offered by the College of Law in the Master of Applied Law (Wills and Estates). He regularly appears for executors, trustees and beneficiaries of deceased estates at both trial and appellate level, primarily in the Supreme Court of New South Wales, as well as in the High Court in Nobarani v Mariconte [2018] HCA 36. Justin possesses considerable advocacy experience and provides sound legal advice in both contentious and non-contentious matters. He has completed LEADR’s Mediator’s Course and regularly appears as counsel for clients at mediations. Justin holds a Bachelor of Laws from the University of Western Sydney and a Masters of Applied Laws specialising in wills and estate. Prior to being called to the Bar in 2013, Justin practised as a solicitor and was instructed in several leading cases in wills and estate litigation.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km