Wills and Estates Disputes
Estates disputes can be a minefield for the undiscerning. In this information packed morning, decode family provision claims across international jurisdictions. Gain the golden standard on contested probate pleadings, caveats, privilege and procedural considerations, and so much more! 233W01
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Elise Croft, Partner, Croftbridge; Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2022
CONTESTED PROBATE INTENSIVE
Competency Area 2: Professional Skills
9.00am to 10.00am Pleading Practice in Contested Probate Actions
- Statement of claim
- Defences and counterclaims
- Actions for revocation of the grant
- Applications to relinquish trust under Section 20 of the Administration Act 1903
Presented by Robert Nash, Barrister, Accredited Mediator, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
10.00am to 11.00am Contentious Probate Matters
- Probate caveats by type
- Citations by type
- Procedural considerations in contested probate matters
- Writs, summonses and affidavits
- Discovery, privilege and subpoenas
Presented by Craig Gregson, Practice Director, Gregson & Associates; Recommended Wills & Estates Litigation and Wills, Estates and Recommended Succession Planning Lawyer, Doyle’s Guide 2022
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Family Provision Claims by Adult Children - Are You Ever Too Old to Claim?
- Demonstrating need - does an able-bodied child who is able to maintain themselves have to show some form of ‘special need or special moral claim’?
- Making an assessment whether the provision made for an adult child is ‘adequate’ for the claimant’s ‘proper’ maintenance, must the claimant’s need be foreseeable to the testator?
- What are the standards against which the adequacy of provision will be measured - considerations for adult children claims
- The role of expert evidence, how to improve your client’s claim
Presented by Heather Williams Director and Principal Solicitor, Sunstone Legal
12.15pm to 1.15pm Common Law and Equitable Ademption
- Common Law Ademption
- The subject of the gift does not form part of the estate at the date of death: the testator’s intention is decisive?
- Does a lack of capacity on the part of the testator affect this?
- Equitable Ademption
- Double portions
- Gifts for a particular purpose
Presented by Dr Peter MacMillan, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Barrister, Doyle’s Guide 2020
Presenters
Elise Croft
Elise Croft has been practicing in general commercial litigation for the past 13 years. Despite her broad experience base she spends most of her time working on contentious estate matters. She has helped resolve quite a few matters involving issues of paternity and DNA, which now seems to be a more common issue. Elise is a member of the Society of Trust and Estate Practitioners ("STEP"), the leading worldwide professional body for practitioners in the fields of trusts, estates and related issues. She also volunteers her time on the board of Cyrenian House and the committee secretary for STEP(WA).
Robert Nash
Robert Nash has been admitted to legal practice since 1987. He has practiced as an independent barrister for over 20 years at Francis Burt Chambers, is an accredited mediator, and is a member of STEP. In recent years his practice at the Bar has been primarily providing advice and acting as counsel in the areas of succession, estate administration, trusts, real property, and military discipline law. He is the non-executive chairman of an ASX listed mining company. Previously he held the position of Head of Panel of the WA Navy Legal Panel and was the chairman of the Sino-Australian Bauxite Alumina Joint Venture.
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 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 has published a number of journal articles and seminar papers and is the co-author of Wills, Probate & Administration Service (WA) (LexisNexis).
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.