Advanced Estate Planning and Disputes Conference
Together with preeminent and leading experts, analyse the latest cases, complex administration quagmires, and the spectrum of estate planning headaches. Derive a fresh outlook with beneficial and practical applications for you and your clients. Gain take-away ready case analyses, examine the complex issues in estate litigation, explore elder law critical issues and the practical implications of statutory wills. Attend for great content for all wills and estate lawyers before the years end. 2211N18
Description
Attend and earn 7 CPD units including
6.5 units in Substantive Law
0.5 unit in Professional Skills
This program is based on NSW legislation
Session 1
Complex Issues in Estate Disputes
Chair: Michelle Painter SC, Ninth Floor Selborne Chambers; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Probate Undue Influence
- Difference between equitable undue influence and probate undue influence
- Knowledge and approval; suspicious circumstances vs undue influence
- Suggestion, persuasion or undue influence
- Burden and standard of proof
- Effect of a finding of undue influence
- Red flags and warning signs; solicitor’s role when undue influence is suspected
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
9.50am to 10.35am Credit Findings in Family Provision Cases
- Analysis of selected cases
- Affidavit drafting and the dangers of exaggeration
- Interplay with issues of disclosure
Presented by Hugh Morrison, Barrister, 13th Floor St James Hall; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Equitable Remedies and Estate Litigation
- Secret trusts
- Semi-secret trusts
- Promissory and proprietary estoppel
- Constructive and resulting trusts and estate litigation
- Equitable severance of joint tenancy
Presented by 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
11.35am to 12.20pm Wills and Estates Case Update
- Probate case updates
- Family provision issues
- Equity disputes in estates
Presented by Jane Needham SC, 13th Floor St James Hall; Preeminent Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2021
12.20pm to 1.05pm Statutory Wills
- Legislative provisions
- Development of the jurisdiction
- The Re MP’s Statutory Will / Small v Phillips litigation
- Other recent cases
- Procedure in non-contentious applications dealt with in Chambers
Presented by Patricia Muscat, Barrister, 13 Wentworth Selborne Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Advanced Estate Planning and Administration Issues
Chair: Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills & Estates Law and Member of the Specialist Accreditation Wills and Advisory Committee; Preeminent Wills, Estates & Succession Planning Lawyer and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
2.00pm to 2.45pm Interaction of Structures, Estate Planning and Tax Consequences
- Businesses: family businesses, partnerships and buy/sell agreements
- Trusts: inter vivos, testamentary and unit trusts, and the differing implications of each for the estate plan
- Private companies
- Superannuation: SMSFs and non-SMSFs and their respective traps, death benefit dependents, and how to deal with the transfer balance cap
Presented by Stephen Lynch, Director Somerville Legal; Accredited Specialist in Wills & Estates; Recommended Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
Professional Skills
2.45pm to 3.30pm Taking Instructions from Elderly and Unsophisticated Clients
- Should I record the conversation?
- Should I obtain the General Practitioners opinion as to capacity?
- How do I ensure the client understands the document?
Presented by Justin Brown, Barrister, 13 Wentworth Selborne Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Elder Abuse Involving Criminal Matters: What Succession Lawyers Need to Know
- Overview of some criminal cases involving elder abuse
- Should elder abuse be criminalised?
- Case study: The ACT experience
- The case against criminalisation
Presented by Leah Sewell, Principal, LS Legal; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
4.30pm to 5.15pm Our Little Secret: Estate Administration Surprises
- Mutual wills
- Advances and gifts
- Inter-generational transfers
- Partnerships
Presented by Therese Catanzariti, Barrister, 13 Wentworth Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021; Best Lawyers 2023, Trusts and Estates
Presenters
Michelle Painter SC
Michelle practices primarily in commercial law, involving all manner of commercial disputes, as well as equity and trusts, and family provision and probate. She also has extensive experience representing directors and corporations in regulatory enforcement matters. Michelle has been a barrister since 1998 and took silk in 2013. She has been involved for many years with the NSW Bar Association’s Bar Practice Course, where she presents on the art (and the slog) of cross examination.
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.
Hugh Morrison
Hugh is a barrister practicing at 13th Floor St James Hall Chambers. Prior to being called to the NSW Bar in 2017, Hugh worked as a solicitor at Teece Hodgson & Ward, and as Tipstaff to the Probate and Protective List Judge in the Equity Division of the Supreme Court of NSW. He was a Guest Editor (with Mary-Ann de Mestre) of a special edition of the Australian Bar Review entitled Estate Administration in Probate, Family Provision and Protective Cases, cited as (2016) 43 Aust Bar Rev. Hugh has a particular focus on the Court's equity, probate, family provision and protective jurisdictions.
Monica Ross-Maranik
Monica 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).
Jane Needham SC
Jane commenced practice as a barrister on 3 August 1990 and was appointed Senior Counsel on 29 September 2004. She was President of the Bar Association of New South Wales from 2014-15 and focused on issues of diversity and inclusion. Jane practises primarily in relation to wills and estates, and has experience in succession planning, charitable trusts, and litigation involving large estates. She also practises in administrative law, and in Royal Commisisons, inquests, and inquiries, usually appearing for large institutions but also as Counsel Assisting. She has been named as a pre-eminent counsel in Wills and Estates by Doyles for 2022, and has a growing practice as a mediator (including having completed training in collaborative practice in wills and estates earlier this year). She is looking to focus on non-litigation work for the coming few years as her younger children complete the HSC in 2024.
Patricia Muscat
Patricia is a barrister who practices from 13 Wentworth Chambers, primarily in probate, family provision and equity litigation. Prior to being called to the bar in 2019, Patricia was an Associate at Uther Webster and Evans and, in 2014, was the tipstaff to Hallen J (then, the Family Provision List Judge and, now, the Succession List Judge) in the Supreme Court of NSW. In her first year at the bar, Patricia was named as a recommended junior counsel in wills and estates litigation.
Paul Evans
Paul is a Partner at Makinson d'Apice and has over 20 years' experience in the area of Private Clients. He is an Accredited Specialist in Wills and Estates Law and is a member of the Society of Trust and Estate Practitioners. Paul is a regular speaker on Wills and Estate Law at Estate Planning, Estate Administration and Superannuation seminars providing continuing legal education for solicitors and other professionals. Paul qualified as a Solicitor in England in 1992 and in NSW in 1994 and has degrees in Arts and Law from the University of Sydney. Paul specialises in wills and estate planning, disputes to wills, protecting assets for future generations and estate administration. Paul lived in London for 18 years and during that time specialised in inheritance tax mitigation. He also acted for charities, including Save the Children Fund and The King Edward's Hospital Fund for London. Before joining Makinson & d'Apice in 2011 Paul worked at National Australia Trustees Limited (part of Nabprivatewealth) where he was Manager Northern States, Estate Planning. Paul is highly experienced in assisting a range of clients including high net worth individuals in transferring and protecting their wealth. He has also helped many clients with a blended family to create solutions to provide for all family members. Paul has been listed in the 2021 Doyles Guide as a Leading Estates Litigation Lawyer and a Preeminent Wills Estates and Succession Planning Lawyer in New South Wales.
Stephen Lynch
Stephen is an Accredited Specialist in wills and estates, having specialised in the area of wills, probate, estate planning and succession for almost 20 years. His experience includes complex estate planning, including advising in relation to asset protection measures such as creation of testamentary trusts. Stephen also specialises in contested estates, including testamentary capacity disputes and Family Provision claims. Stephen is one of the authors of the highly regarded Lexis Nexis Practical Guidance publication on Succession Law, has spoken across Australia on wills and estates matters, and has been listed in the Doyles Guide of top wills and estates lawyers in NSW every year since 2015.
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.
Leah Sewell
Leah Sewell is a solicitor with 20 years experience, an Accredited Specialist in Wills & Estates and recognised by Doyle’s Guide in 2020, 2021 and 2022 in estate litigation. Leah is also a Trusts & Estates Practitioner with STEP and elected committee member to the Mental Capacity Special Interest Group (SIG) of STEP representing Australia. Leah’s practice covers all areas of wills and estates and elder law, including estate planning, estate disputes, trusts, unconscionable conduct, granny flat agreements/inter family loans 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. In her ‘spare’ time, Leah has started a podcast discussing some of the more fact interesting probate and succession cases.
Therese Catanzariti
Therese practices in the area of wills and estates including probate, family provision and succession planning. She was admitted as a solicitor in 1992 and was a senior associate in corporate and commercial/tax at Mallesons (now King and Wood Mallesons), and then worked in Europe. She was called to the NSW Bar in 2010. She has particular expertise in estates involving small to medium businesses, superannuation, discretionary trusts and intellectual property. She is originally from country NSW, and is regularly briefed in probate and family provision disputes involving farming enterprises.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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