Estates Disputes Roundup
Issues covered include: Estate litigation, equity and deceased estates, executors and trustees, parent and child relationships, the question of jurisdiction
Description
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. Catch up on critical takeaways from the latest cases, explore how to manage disputes over equity, deceased estates, executors and trustees, and dive into complex jurisdictional and family relationship issues.
Attend and earn 4 CPD hours in Competency Area 4: Substantive Law
This seminar was recorded in WA on 17 September 2019
Chair: Rebecca Conder, Head of Practice – Litigation and Dispute Resolution, Cullen Macleod; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Estate Litigation: Recent Cases and the Takeaways for Your Practice
- Self-managed superannuation funds, binding death benefit nominations and Family Provision Act claims
- Representative proceedings to recover estate assets
- Proprietary estoppel
- Suspicious circumstances and contested probate actions
Presented by Brendan Ashdown, John Toohey Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
9.50am to 10.35am: A Guide to Equity and Deceased Estates
- Undue influence
- Challenging inter vivos transactions
- Alternatives to Family Provision Act claims
Presented by Fraser Robertson, Barrister, John Toohey Chambers; Recommended Wills & Estates Litigation Junior Counsel and Family Law Junior Counsel, Doyle’s Guide 2018
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Executors and Trustees: Key Issues and Practical Approaches
- Responsibilities, liabilities and risks
- Fiduciary relationships
- Lawyers as executors
- Conflict of interest when executors are also beneficiaries
- Discretionary trusts
- Entitlements of beneficiaries and executors
Presented by John Butler, Special Counsel, Butlers Lawyers & Notaries; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2017 and Recommended Family & Divorce Lawyer, Doyle’s Guide 2018
11.35am to 12.20pm: 'Parent' and 'Child' Relationships in the Context of Estates Disputes
- Presumption of parentage
- Definition of parentage
- How the courts approach the issue
- The role of DNA
Presented by Elise Croft, Partner, Croftbridge; Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
12.20pm to 1.05pm: Answering the Question of Jurisdiction in Estates Disputes
- Is Western Australia the appropriate jurisdiction or are there alternative jurisdictions?
- Deceased’s domicile and its effects on the question of jurisdiction, the construction of the Will, and intestacy
- Considering forum non conveniens challenge
- Considering enforceability of judgement in another jurisdiction
Presented by Eric Tan, Director, Robertson Hayles Lawyers; Recommended Wills & Estates Litigation Lawyer and Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2018
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
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.