Complex Estate Planning and Litigation
Issues covered include: estates and succession, estate administration, estate law case update, beneficiary rights, jurisdiction, estate disputes, life estates, testamentary capacity disputes
Description
Enter the world of complex estate administration matters as leading lawyers and barristers analyse the latest decisions and developments and distill the key takeaways you need to know for your practice. Get up to date on the rights of beneficiaries, consider jurisdiction in estate disputes, examine life estates and delve into the key issues for executors and trustees. In addition, gain critical insights into testamentary capacity disputes and will applications for those lacking testamentary capacity.
Attend and earn 7 CPD in Substantive Law
Session 1
Complex Estate Litigation
Chair: John Armfield, Barrister, 2 Wentworth Chambers; Preeminent Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
9.00am to 10.00am: Estate Litigation: Recent Cases and the Takeaways for Your Practice
- The recent NSW Court of Appeal decision in Steinmetz v Shannon [2019] NSWCA 114 is a significant decision in which the Court dealt with the position of widows in a changing world and noted the importance of provision which left the widow financially empowered.
- Consider two relatively recent cases (Huxtable v Hawkins [2018] NSWSC 174 and Ikonomou v Panagopoulos [2017] NSWSC 1805) which give some guidance to how the Courts are grappling with changing societal attitudes, in particular in relation to de facto relationships and the question of provision where the wife was the primary earner.
Presented by Michelle Painter SC, Nine Selborne Chambers; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2018
10.00am to 11.00am: Rights of Beneficiaries of Trusts or Wills to Commence their Own Proceedings
- Rights of beneficiaries to sue trustees, executors and third parties (including solicitors)
- When can a beneficiary bring a trust to an end?
- Family Provision claims:
- Conflict between executors
- Conflict between executors and beneficiaries
- Conflict between beneficiaries and third parties
- Role of executor who cannot get instructions
Presented by Dennis Flaherty, Barrister, Latham Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Jurisdiction in Estate Disputes
- Where to sue with assets in multiple jurisdictions both within and outside Australia
- Varying eligibility of Family Provision claimants in Australia
- Validity of testamentary documents, manner and place of execution
- When domicile of the deceased is relevant
- Case studies: Taylor v Farrugia [2009] NSWSC 801; Estate Grundy; La Valette v Chambers-Grundy [2018] NSWSC 104; Morgan v Cilento [2004] All ER (D) 122 (Feb)
Presented by Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist in Wills and Estates; Recommended Wills, Estates and Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
12.15pm to 1.15pm: Expert Evidence in Testamentary Capacity Cases
- What is the role of the expert?
- What weight is placed on expert opinion by the court?
- Choosing the right expert and procedure
- Single expert or party expert?
- When does privilege apply?
Presented by Anthea Kennedy, Partner, Bridges Lawyers; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2018
Session 2
Complex Estates Planning
Chair: Andrew Stevens, Barrister, 2 Wentworth Chambers
2.00pm to 3.00pm: Life Estates: A Not-So-Simple Solution
- Introduction to life estates
- Life estates vs rights of residency
- Pitfalls and mishaps
- Remainder and reversionary interests
- ‘Unscrambling the egg’ including tax factors to consider
- Alternative options
Presented by Mark Squire, Special Counsel, Atkinson Vinden Lawyers
3.00pm to 4.00pm: Court Authorised Will Applications for Persons Lacking Testamentary Capacity
- Relevant statutory provisions for court authorised will applications
- Tips on practice and procedure
- Recent case studies: Re MP's Statutory Will [2019] NSWSC 33, Re M's Codicil [2018] NSWSC 93 and Re K's Statutory Will [2017] NSWSC 1711
Presented by Ramena Kako, Barrister, 13 Wentworth Selborne Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
4.00pm to 4.15pm: Afternoon Tea
4.15pm to 5.15pm: 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 Alun Hill, Barrister, Chalfont Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates