Estate Litigation: Part IV Claims and Equitable Remedies
Issues covered include: planning for litigation, taxation and trust issues, spousal claims, family law and family estate provision claim
Description
With estate claims on the rise, experts will provide practical insights on how to protect your clients from claims before it is too late. You will also gain deep insights on family provision claims, equitable estoppel and constructive trusts in estate disputes. This program is jam packed with the latest cases and guidance on how to handle claims by blended families, de facto spouses, cost orders, settlements and more. .
Attend and earn 7 CPD hours including:
5 hours in Substantive Law
2 hours in Professional Skills
This conference was recorded in VIC on 11 September 2019
Session 1
Estate Disputes and Equitable Claims
Chair: Russell Robertson, Director, O'Farrell Robertson McMahon; Accredited Specialist in Wills & Estates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2017
9.00am to 10.00am: Estate Planning: Planning for Litigation to Curb Litigation Risks
- Identify risks of future estate litigation at the will drafting stage
- Options available to address the likelihood of future estate litigation
- Implement strategies to lessen the impact of such litigation
Presented by Gregory Russo, Solicitor, Featherbys Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
10.00am to 11.00am: Estate Disputes: Practical Taxation and Trust Issues
- Capital gains tax complications
- Intersection between family trusts and wills
- Testamentary trusts and wills
- Superannuation entitlements
- Challenging trustee’s exercise of discretion
- Joint asset holdings
- Private arrangements between the deceased and beneficiaries
Presented by Dr Bill Orow, Barrister, Greens List
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Claims by Spouses and De Facto Spouses
- Probate disputes from wills being revoked on contemplation of marriage
- Intestacy disputes regarding domestic partners
- Eligibility for Testators Family Maintenance claims by spouses, domestic partners, former spouses and registered caring partners
- Aspects influencing quantum in Testators Family Maintenance claims
- Considerations for superannuation claims by spouses
Presented by James Daly, Special Counsel, McKean Park Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
12.15pm to 1.15pm: Intersection of Family Law with Family Estate Provision Claims: Practical Insights
A typical situation: Barry and Betty are de facto partners who have lived together for 25 years. Barry 85 and Betty 83, have ‘blended’ families and prior property and other assets.
- Family law claims which have been commenced but not completed before a party dies
- Potential for a person to bring both a family law property division claim and a family provision claim
- Accrued jurisdiction: family provision cases in the Family Court and family law property division claims in the Supreme Court
- Settlement issues
- Executors’ costs in family law proceedings
- Binding financial agreements purporting to restrict family provision claims
Presented by Jim Parke, Managing Director, Parke Lawyers; Accredited Specialist in Business Law; Recommended Wills & Estates Litigation Lawyers, Doyle’s Guide 2017
Session 2
Estate Litigation Skills and Intersection with Family Law
Professional Skills
2.00pm to 3.00pm: Settlement of Part IV Claims and Caveat Proceedings
- Compromising Part IV claims: Approvals of compromise for minors, persons under disability, unborn or unascertained beneficiaries and beneficiaries that don’t consent
- Compromising caveat proceedings: Implications of Re Wood [2018]
Presented by Paul D Reynolds, Barrister, Young’s List
Professional Skills
3.00pm to 4.00pm: Costs Orders in Estate Litigation
- Probate litigation; the ‘usual order’ and the ‘probate exceptions’
- Lessons from Molnar v Butas (No4) [2018]
- Recent trends in family provision claims
- Effect of Calderbanks and offers of compromise
Presented by Lachlan McKenzie, Practice Leader, Moores; Accredited Specialist in Wills & Estates; Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Equitable Estoppel and Constructive Trusts in Estates Disputes
- Equitable claims in estate disputes including applicants not eligible under family provision legislation
- Practical road map on how to properly plead them
- Case update: the key principles and practice and procedure learnings
Presented by Simon Pitt, Barrister, Greens List; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
Venue
Novotel on Collins
270 Collins Street
Melbourne 3000
VIC
Australia