Estate Disputes and Litigation Hot Spots
Avoid the many pitfalls that can prove costly for both you and your client by taking a comprehensive look at some of the key issues in estate disputes. By use of a case study, explore the process of an FPA claim when it is one of several estate claims in court. Dive into the critical steps of proving testamentary capacity. Navigate how superannuation and testamentary trusts are dealt with in Family Provision disputes and so much more! 229W05
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Description
Attend and earn 4 CPD points including:
1 point in Competency Area 2: Professional Skills
3 points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Janene Bon, Special Counsel, HHG Legal Group; Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
9.00am to 10.00am Case Study: When an FPA Claim is one of Several Claims in Court for an Estate
- Order of hearings
- Use of evidence of one case in the other
- Litigation privilege
- Impact of one case on others
- Consider: FPA and equity, FPA and an account, FPA and breach of trust, FPA and construction of the Will
Presented by Maree van der Kwast, Director, Dwyer Durack; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
10.00am to 11.00am Proving Testamentary Capacity
- The test for capacity
- The interaction between the test for capacity and the test as to knowledge of and approval of the contents of the relevant will
- Severability in the application of the test as to knowledge of and approval of the contents of the relevant will
- Selecting and instructing an expert witness
Presented by Dr Peter MacMillan, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Barrister, Doyle’s Guide 2020
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Navigating Superannuation and Testamentary Trusts in Family Provision Litigation
- Setting aside death benefit nominations
- Clawback to the estate in cases of personal interest conflicts of the estate’s legal personal representative
- Review of trustee decision making (in both SMSF and Family Discretionary Trusts)
- Striking out testamentary clauses containing powers of appointment
- Unpaid trust entitlements and member balances
- Procedural considerations
Presented by Craig Gregson, Practice Director, Gregson & Associates; Recommended Wills & Estates Litigation and Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
Competency Area 2: Professional Skills
12.15pm to 1.15pm Mediation Process and Skills in Estate Matters
Presented by Dr Jessica Henderson, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
Presenters
Janene Bon
Janene Bon joined HHG Legal Group in 2007 having extensive experience in estate and succession planning, trusts and superannuation, deceased estates, commercial and property law. She has practiced in the banking, financial and legal sectors, working closely with accountants, financial advisers and other legal professionals. Clients have included business owners, individuals and families, charitable and not for profit organisations. Janene is registered as a Trust and Estate Practitioner with the Society of Trust and Estate Practitioners (STEP). She is the current Co-Chair of STEP WA.
Maree van der Kwast
Maree van der Kwast joined Dwyer Durack in 2001. She heads the Succession Department. In July 2005 Maree became a partner of Dwyer Durack and in July 2006 a director of Dwyers Legal Pty Ltd. Maree had always been interested in estates and gained first class honours from the University of Western Australia with a thesis about inheritance rights. Since being admitted to practice she has focused on litigation relating to equitable claims, action pursuant to the Inheritance Act and disputes about deceased estates, trusts and Wills. Maree also drafts Wills and administers non-contentious estates.
Dr Peter MacMillan
Peter MacMillan is a Barrister at Francis Burt Chambers. He practices principally in the areas of equity and wills and estate litigation, as to advice, in Court and on appeal. He is a visiting Fellow at the University of Western Australia and a member of the Attorney General's Working Party on Succession Law Reform. He has published a number of journal articles and seminar papers and is the co-author of Wills, Probate & Administration Service (WA) (LexisNexis).
Craig Gregson
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011 and the High Court of Australia in December of 2014. Craig specialises in Succession law in Western Australia and is a registered TEP member of the Society of Trust and Estate Practitioners (STEP). He holds a Bachelor of Laws (LLB) from Edith Cowan University (WA) and a Masters of Applied Law majoring in Wills and Estates Practice (LLM)(NSW) from the College of Law. Craig is a current Ph.D candidate at the University of Western Australia in the area of succession law reform.
Dr Jessica Henderson
Jessica Henderson is a barrister at Francis Burt Chambers and a part-time Member at the Administrative Appeals Tribunal (General and Migration/Refugee Divisions). She specialises in aviation, succession, and human rights law and has acted for commercial airlines, international insurers, government and NGOs. She is a member of the Law Society of WA Brief Editorial Committee and the Country Practitioners Committee and sits on the board of several NFP organisations. She holds a doctorate in American constitutional history and has been awarded the Richard Kiwanuka prize for International Humanitarian Law. Her three children are responsible for fine tuning her negotiation and mediation skills.
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.