Leverage this unique opportunity to level-up your knowledge of family provision claims. In this seminar, you will explore the best conduct for family provision litigation, how to defend a family provision claim, and equitable remedies available to your clients. Additionally, our expert speakers will provide you with guides and strategies for managing a Section 95 release and what to do to ensure settlement between executor and plaintiff.
Description
Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation
Session 1: Dealing with Complex Family Provision Claims
Chair: Angela Djukanovic, Barrister, Chalfont Chambers
9.00am to 10.00am Prickly Issues in Family Provision
- Out of time applications
- Estrangement
- Spendthrift/bankrupt beneficiaries
- Solicitor’s professional obligation to the Court vs the best interests of the client
- Ways in which solicitors can assist family prior to the death of the testator
Presented by Simon Bennett, Managing Partner, Southern Waters Legal
10.00am to 11.00am Claims by Minors: Legal Considerations and Protective Measures
- Practical considerations in bringing claims on behalf of minors
- Legal principles
- Tutors: who can act as a tutor, conflicts of interest, obligations of tutors, costs, procedural matters
- Approval of settlements
Presented by Alisa Green, Barrister, 13th Floor St James Hall
4.00pm to 4.15pm Afternoon Tea
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Estoppel, Trusts and Family Provision Claims
- Principles relevant to proprietary estoppel, common intention and joint endeavour constructive trusts and resulting trust claims
- Overlap in relevant facts between estoppel or trust claims and family provision claims
- Cost benefit considerations in running alternate claims
Presented by Craig Birtles, Barrister, Two Wentworth Chambers; Preeminent Leading Wills & Estates Litigation Junior Counsel – New South Wales, Doyle’s Guide 2023
12.15pm to 1.15pm Section 95 Releases: Principles and Requirements
- Overview of s 95: jurisdictional rationale and relevant principles
- Types of releases: inter vivos and after death
- When s 95 releases are (or should be) sought
- Making an application for a release, including documents and evidence required
- When approval of a release might not be forthcoming
- Recent cases, including Robinson v Robinson (2020) 102 NSWLR 1; [2020] NSWCA 4 and Last v Lewis [2022] NSWSC 791
Presented by Patricia Muscat, Barrister, 13 Wentworth Chambers; Leading Wills & Estates Litigation Junior Counsel – New South Wales, Doyle’s Guide 2023
Session 2: Innovative Strategies and Leading Practices for Handling Family Provision Claims and Disputes
Chair: Andrew Stevens, Barrister, Two Wentworth Chambers
2.00pm to 3.00pm Best Practice in the Conduct of Family Provision Litigation
- Early forensic decisions: essential evidence vs evidence which may be counter-productive
- Scope and nature of reply evidence
- Informal proof under Practice Note SC EQ 7, par 35
- Situations in which expert evidence must be adduced
- Preparation for final hearing
Presented by David Liebhold, Barrister, 13 Wentworth Chambers; Recommended Wills & Estates Litigation Junior Counsel – New South Wales, Doyle’s Guide 2023
3.00pm to 4.00pm Defending a Will/Family Provision Claim
- Documents required in accordance with the new Practice Note
- Disclosure of both parties
- Discovery of both parties
- Settlement negotiations
- Case preparation
Presented by Linda Clarke, Barrister, Two Wentworth Chambers
4.15pm to 5.15pm What to Do When a Beneficiary Refuses a Settlement Between an Executor and Plaintiff?
- Legal options available to executors and plaintiffs, including court applications to approve the settlement and mechanisms for compelling or bypassing beneficiary consent.
- Mediation and conflict resolution strategies
- Fiduciary duties of the executor, ensuring that all actions comply with legal and ethical standards while balancing the interests of all parties involved
Presented by Andrew Stevens, Barrister, Two Wentworth Chambers
Prepared by Victoria Hartstein, Barrister, Chalfont Chambers
Presenters
Andrew Stevens, Barrister, Two Wentworth Chambers
Called to the Bar in 2015, Andrew is an expert in the areas of Equity and Succession Law, including probate, family provision, contested estates and equity claims. A sought after speaker and practitioner, Andrew often presents at Continuing Professional Development seminars on the topic of succession law.
Linda Clarke, Barrister, Two Wentworth Chambers
Linda is a barrister who advises and appears in contested estate litigation, including testamentary capacity matters, family provision cases, probate, estate administration and estate planning. Linda has a particular interest in the protective division and rural property disputes. She has chambers in Phillip Street and Orange in the Central West.
Angela Djukanovic, Barrister, Chalfont Chambers
Angela was called to the Bar in 2019. She appears primarily in the Supreme Court of New South Wales and has established a practice in Wills and Estates, including contested probate, family provision and general Equity claims. Angela is a regular speaker at Legalwise Seminars on a variety of topics relating to estate litigation and family provision. Prior to coming to the Bar, Angela held senior executive roles in the corporate and commercial space as a consultative leader leading large teams and was responsible for significant commercial transactions and negotiations. Angela holds a Diploma of Law, which she obtained through the Legal Practitioners Admission Board (LPAB) and a Master of Business from the University of Technology, Sydney. Angela has recently been recognised in the 2024 Doyle's Guide rankings for Leading Wills & Estates Litigation Junior Counsel.
Alisa Green, Barrister, 13th Floor St James Hall
Alisa Green was admitted as a solicitor in 2017 and was called to the Bar in May 2023. Prior to her admission to the Bar, Alisa practiced as a solicitor at Glass Goodwin. She also worked as Tipstaff to the Succession List Judge in the Equity Division of the Supreme Court of NSW, the Hon. Justice Hallen. Alisa was recognised as a wills and estates law rising star in the 2021 edition of the Doyle’s Guide. Alisa practices in wills and estates (including contested probate and family provision matters), protective matters and general equity. Alisa holds a Juris Doctor, Bachelor of Science with Honours (Psychology) and a Master of Psychology (Forensic), all from the University of New South Wales.
Craig Birtles, Barrister, Two Wentworth Chambers
Craig Birtles is a barrister at the Sydney Bar specialising in estate litigation. Craig regularly presents papers on all aspects of estate litigation and general equity matters. Craig was named as a Leading Junior Counsel – New South Wales in the Doyle’s Guide from 2019 to 2024. Craig is a member of the NSW Bar Association Succession & Protective Law Committee and the Society of Trust and Estate Practitioners. Old Craig Birtles is a member of the Society of Trust & Estate Practitioners (STEP) and a co-author of C Birtles and R Neal, Hutley's Australian Wills Precedents 8th Edition (LexisNexis Butterworths) 2013 and 9th Edition 2016. He is an adjunct lecturer for College of Law (Masters of Applied Law), Family Provision subject and is also a casual lecturer in the Law Extension Committee Diploma of Law, Succession Law subject. Prior to coming to the bar Craig was a solicitor with Teece Hodgson & Ward for 9 years and from 2015 - April 2017 was an Accredited Specialist in Wills & Estates Law. He was named as a Rising Star in the 2016 edition of Doyle's Guide in the area of Wills & Estate Litigation.
Patricia Muscat, Barrister, 13 Wentworth Chambers
Patricia was called to the Bar in 2019 and practices from 13 Wentworth Chambers, primarily in probate, family provision, protective and equity litigation. Since being called to the Bar, between 2020 and 2023, she has been named in the Doyle’s Guide as a recommended, and later leading, wills and estates litigation junior counsel. She has appeared in a number of noteworthy cases including litigation concerning the Benz Estate ([2022] NSWSC 534 and [2022] NSWSC 668) and Soulos Estate ([2022] NSWSC 1507 and [2023] NSWCA 243). Prior to being called to the Bar, Patricia was an Associate at Uther Webster and Evans and, in 2014, was the tipstaff to Hallen J (then, the Family Provision List Judge) in the Supreme Court of NSW.
David Liebhold, Barrister, 13 Wentworth Chambers
David is a Barrister at 13 Wentworth Chambers. He received a Bachelor of Arts and a Bachelor of Laws with Honours from Australian National University in 1992. He was admitted as a solicitor in 1993 and as a barrister in 2003. David has practised full time at the Sydney Bar since his admission, primarily in equity and probate and with a particular emphasis on family provision. David is co-author of Wills, Probate and Administration Law in NSW (2nd Edition, Thomson Reuters, 2020). He is a member of the Society of Trust and Estate Practitioners, the Succession & Elder law Committee of the NSW Bar Association the Alternative Dispute Resolution Committee of the NSW Bar Association.
Simon Bennett, Managing Partner, Southern Waters Legal
Simon Bennett is the Managing Director of Southern Waters Legal, a firm he co-founded in 2009 to provide expert legal advice with the accessibility and affordability often missing from larger firms. With over 20 years of experience, Simon specializes in business law, taxation, estate incapacity, and succession planning. Simon is also a Chartered Tax Advisor, offering advice on asset protection and structuring. He holds a Master of Laws from the University of New South Wales and a Master of Commerce from the University of Wollongong. Prior to founding Southern Waters Legal, Simon worked at a national law firm in Sydney. Known for his solutions-focused approach, Simon enjoys building friendly relationships with his clients. Outside of his legal practice, Simon is passionate about rugby union and loves spending time with his family.
