Family Provision Applications: New Procedure, Claims, Defences and Mitigation

Join for an in-depth exploration of the ins and outs of family provision applications. Explore recent changes in Family Provision Supreme Court Procedure, understand eligibility criteria and the "needs" assessment in adult children claims, master defences against family provision claims and refine your family provision practice. Elevate your expertise in just one seminar!

Wednesday, 4 September 2024
Early Bird Discount ends 2 Aug 2024 $294.00
Professional Skills
2.00pm to 2.45pm Recent Changes in Family Provision Practice and Procedure

 

  • Review of Supreme Court Procedure for family provision applications
  • Update on the progress of proposed legislative changes since the Public Policy Paper:  Review of Succession Act 1981 by the Department of Justice and Attorney General
  • Discussion on how to adapt to legislative changes

Presented by James Daly, Managing Associate, Armstrong Contested Wills & Estates

2.45pm to 3.30pm Adult Children Family Provision Claims: Does Everyone Get a Prize?

 

  • Who can claim
  • Different categories of adult children
  • The assessment of “need” in adult children claims
  • Recent adult children family provision cases

Presented by Jenna Hutchinson, Partner, Turner Freeman Lawyers; Recommended Wills and Estate Litigation Lawyers, Doyle’s Guide 2023

4.30pm to 5.15pm Estate Planning to Mitigate Against Family Provision Applications: A Litigator’s Perspective

 

  • An overview of the available strategies, including their inherent advantages, disadvantages and risks
    • Joint tenancies
    • Superannuation and life insurance
    • Family trusts
    • Inter vivos transfers
    • Gift and loan back schemes
    • Bottom of the range gifts
    • Statement of wishes
  • Consideration of the different types of claims that may arise in response to these strategies (e.g undue influence)
  • Tips and traps to avoid when drawing wills involving disinherited eligible claimants and implementing the above strategies

Presented by Sean Powell, Partner, Robbins Watson

Chair

Chelsea Baker, Senior Associate, Mullins Lawyers; Recognised as a Rising Star in Wills, Estates & Succession Planning – Queensland, Doyle’s Guide 2023

Description

Attend and earn 3 CPD units including:
2.5 units in Legal Knowledge
0.5 unit in Professional Skills

This program is based on QLD legislation

3.30pm to 3.45pm Afternoon Break
3.45pm to 4.30pm Breaking Down the Estrangement and Disentitling Conduct Defences to Family Provision Claims

 

  • Fitting the defence into the Singer v Berghouse principles
  • The quality and methodology of the evidence to be used
  • Conduct that is and is not disentitling
  • Estrangement distinguished
  • Estrangement as capable of constituting conduct
  • The costs consequences of a successful reliance on the defence

Presented by David Topp, Barrister, Bank of NSW Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2023

Presenters


Chelsea Baker, Senior Associate, Mullins Lawyers
Chelsea Baker is a Senior Associate in the Wills & Estates Team at Mullins Lawyers. Specialising in complex estate administration and litigation matters, her expertise extends to statutory will applications, complex grants of representation, corporate structures, superannuation, and trusts. Chelsea also acts in guardianship and administration matters before QCAT and has been successful in investigating breaches of duties by attorneys, declarations for capacity in circumstances where capacity is challenged, and the removal and appointment of administrators and guardians. In 2023, Chelsea was recognised as a Rising Star in the Doyle's Guide category of Wills, Estates & Succession Planning – Queensland and is an Affiliate Member of the Society of Trust and Estate Practitioners.


James Daly, Managing Associate, Armstrong Contested Wills & Estates
James holds a Master of Applied Law majoring in Wills and Estates from the College of Law as well as a double undergraduate degree from Victoria University in Business and Law. He moved to Brisbane from Victoria in late 2020. James works only in Wills and Estates matters, with a particular focus in Wills and Estates Litigation. He has acted for clients in both family provision and will validity claim and can also assist clients with proceedings for the interpretation of will clauses.


Sean Powell, Partner, Robbins Watson
Sean leads the Dispute Resolution and Litigation Team at Robbins Watson. Sean specialises in estate disputes and estate administration, with a particular emphasis on contested wills. In line with his Succession Law focus, he has completed a Master of Laws, with a specialisation in Wills and Estates. Sean is a full member of the Society of Trust and Estate Practitioners (STEP), which means he is internationally recognised as an expert in his field, with proven qualifications and experience. Sean has acted in a wide range of contested succession law matters including but not limited to family provision applications (disappointed beneficiary claims), challenges to the validity of wills (testamentary capacity; undue influence; knowledge and approval; fraud; forgery), informal wills (handwritten wills; suicide note wills; unsigned and unwitnessed wills), superannuation and life insurance disputes, appointment and removal of executors and trustees. Having practised extensively in Queensland and New South Wales, Sean is one of the few Queensland solicitors with substantial cross-jurisdictional succession law experience. As a result, he is highly sought after in estate matters involving people and/or assets on different sides of the border.


Jenna Hutchinson, Partner, Turner Freeman Lawyers
Jenna has been named in Doyles Guide as one of the recommended Wills & Estates Litigation Lawyers in Queensland for 3 years in a row. Jenna heads the Queensland Wills & Estates Department at Turner Freeman Lawyers. She is based in the Brisbane office, however she services clients statewide. She works exclusively in Succession Law as this is where her passion lies. Jenna’s clients appreciate her “hands-on” and direct approach that she provides at an especially difficult time in their lives when they lose a loved one. Jenna always strives to do the best she can for her clients to ensure that their wishes are adhered to, as well as trying to achieve the best outcome for her clients if they have been unfairly left out of a Will. She is also experienced in defending the Estate against complex claims.


David Topp, Barrister, Bank of NSW Chambers
David Topp is a Barrister at the private bar in Brisbane. Admitted as a solicitor in 2002 and having commenced practice as a barrister during February 2006, David has many years of practical experience in all aspects of trusts, estate and family provision litigation and dispute resolution, along with a sideline practice as a registered costs assessor or costs advocate as the case may be. David is an accomplished speaker having presented seminars on many prior occasions for Lexis Nexis, Step Qld, Step Tasmania, the Qld Law Society, Television Education Network and Legalwise, and has had written work published by Proctor, the Tasmanian Law Society's quarterly Law Letter, CCH Online and Lawyers Weekly. David is also the author of two Security for Costs textbooks and the property law themed Tennyson Breach.

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Family Provision Applications: New Procedure, Claims, Defences and Mitigation

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Single Session
Wednesday, 4 September 2024
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
$420.00
$420.00
Early Bird Discount ends 2 Aug 2024 $294.00
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