Essential Strategies for Family Provision Claims

Join us for an insightful seminar on family provision claims, designed to equip legal professionals with the latest knowledge and practical strategies. The program will cover recent case developments, including the influential Keremestevski case, and delve into effective approaches for challenging or defending claims. Explore the unique challenges of claims by minors and grandchildren, and learn how to handle concurrent disputes involving wills, superannuation, and equity claims. The afternoon session will provide valuable guidance on contracting out of family provision claims, navigating ethical considerations, and managing tax implications, ensuring you stay ahead in this complex field.

Thursday, 12 September 2024
Early Bird Discount ends 2 Aug 2024 $556.50
Description

Attend and earn 7 CPD points including:
1 point in Ethics or Professional Responsibility
6 points in Substantive Law

This program is based on WA legislation

Session 1: Navigating FPC: Case Law Updates, Special Considerations for Minors and Strategies for Concurrent Claims


Chair: 
Lee-Ann Cartoon, Principal, Succession Solutions Perth; Recommended Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023

9.00am to 9.45am Recent Developments: Keremestevski and Other Cases


Uncover the influence of Justice Seaward on the development of the law relating to family provisions in Westen Australia and the implications on your matters.

Presented by John Hockley, Barrister, Francis Burt Chambers; Qualified Negotiator, Mediator, Arbitrator and Adjudicator

9.45am to 10.30am Challenging or Defending a Family Provision Claim

 

  • Grounds for challenging or defending a family provision claim
  • Contentious probate proceedings
  • Practice, procedure and strategy
  • Legal costs consequences of contentious probate proceedings

Presented by Kellie Woods, Barrister, Francis Burt Chambers

10.30am to 10.45am Morning Tea
Session 2: Practical Strategies for Dealing with Contracting Out, Ethical Challenges, and Tax Implications in Family Provision


Chair: 
Elmi Carlean, Barrister, Francis Burt Chambers

11.30am to 12.15pm No FPA Claim is An Island: How to Run Various Claims Concurrently
  • Review of recent cases
  • Strengths and weaknesses of claims by grandchildren
  • Challenges involving claims by minors
  • Additional safeguards where a minor is involved

Presented by Michelle Bennett, Barrister, Francis Burt Chambers

12.15pm to 1.00pm How to Run Various Claims Concurrently


Presented by 
Maree van der Kwast, Senior Consultant, Private Clients Group, Jackson McDonald; Leading Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

4.00pm to 4.15pm Afternoon Tea
2.00pm to 3.00pm Contracting Out of the Family Provision Claims in Australia

 

  • What is contracting out?
  • What is the law on contracting out in Western Australia?
  • Jurisdictions which have court sanctioned contracting-out by application
  • Agreements which might be used as a valid substitute for contracting out

Presented by Craig Gregson, Principal Solicitor, Gregson and Associates; Recommended Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023; Recommended Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

Ethics or Professional Responsibility
3.00pm to 4.00pm Ethical Considerations in FPA Claims and Deceased Estate Matters

 

  • Acting for multiple executors
  • Dealing with difficult families
  • Confidentiality
  • Client capacity
  • Wearing two hats, acting as attorney and solicitor
  • Conflicts of interest

Presented by Heather Williams, Director & Principal Solicitor, Sunstone Legal

4.15pm to 5.15pm Tax, SMSFs and Family Provision Claims


Tax and superannuation may be the last things clients and their lawyers consider in making (and defending) Family Provision Claims. In this presentation we will evaluate the importance of these aspects in the context of self-managed superannuation funds (SMSFs) and how tax and superannuation can affect the strategies implemented when making (or avoiding) a family provision claim. This includes:

  • Tax consequences for the claimant
  • Navigating superannuation death benefits and compliance
  • Devising comprehensive strategies to avoid family provision claims

Presented by Yikai Hoe, Director, Provident Lawyers

1.00pm to 1.15pm Chairperson’s Closing Remarks
10.45am to 11.30am Navigating Family Provision Claims: Duties of Personal Representatives and Safeguarding Beneficiary Entitlements

 

  • Should a personal representative defend a Family Provision claim?
  • What is a beneficiary required to do to protect his/her testamentary/intestate entitlement?

Presented by Peter MacMillan, Barrister, Francis Burt Chambers

Presenters


Dr Peter MacMillan, Barrister, Francis Burt Chambers
Peter MacMillan is a Barrister at Francis Burt Chambers. He practices principally in the areas of equity and wills and estate litigation, as to advice, in Court and on appeal. He has published a number of journal articles and seminar papers and is the co-author of Wills, Probate & Administration Service (WA) (LexisNexis).


Lee-Ann Cartoon, Principal, Succession Solutions Perth
Lee-Ann Cartoon is an experienced tax and succession planning lawyer. She has worked throughout Australia and the UK advising clients ranging from global financial institutions and multinational energy and resource companies to high net wealth individuals. Lee-Ann's experience has given her an appreciation of the importance of approaching any matter commercially, logically and with the client's end goal front of mind. Lee-Ann has developed a particular interest in complex estate and succession planning and regularly advises and presents across these areas. Lee-Ann is a Member of the STEP WA State Committee, Chair of the STEP WA Membership and Promotion Sub-Committee and Member of the national STEP Membership and Promotion Sub-Committee. Lee-Ann has been recognised in Doyle's Guide since 2021 in the category of "Leading Wills, Estates & Succession Planning Lawyers - Western Australia".


John Hockley, Barrister, Francis Burt Chambers
John Hockley appears and advises in a wide range of commercial law matters. In particular, he appears and advises in complex succession law matters including probate, contested probate; wills, family provision and estates; and succession planning. John also has an interest in taxation matters and has appeared in the Federal Court and advised in a wide range of Federal and State taxation matters. Further, he has advised and appeared in a range of disputes described as mining law, native title and natural resources. With an interest in dispute resolution, John practises as a negotiator, mediator (Harvard trained), arbitrator and adjudicator. He has been involved in various domestic arbitrations; and he has made adjudication determinations on various resource projects in Western Australia and other disputes especially between contractors and subcontractors. John has lectured in Succession Law at the University of Western Australia since 2007; and has authored and co-authored a number of publications and articles. He is Convenor of the Law Society of Western Australia’s Taxation Committee, a joint Committee with the Law Council of Australia, Business Law Section, Tax Committee; a member of the Law Society Elder and Succession Law Committee; and an elected member of the Legal Practice Board of Western Australia.


Michelle Bennett, Barrister, Francis Burt Chambers
Michelle practices broadly in commercial and administrative law. She has a particular interest in equity, trusts and deceased estates. Michelle combines her extensive dispute resolution experience, legal skills and strategic instinct to provide pragmatic advice and assist clients to achieve their best outcomes. Michelle joined Francis Burt Chambers in 2024, having joined the Victorian Bar in 2019. Michelle practises in both Perth and Melbourne and regularly appears as counsel for, and advises, a range of public and private clients on matters including family provision claims, contentious estate proceedings and trusts, contract, property and consumer law disputes.


Elmi Carlean, Barrister, Francis Burt Chambers
Elmi Carlean has been a member of the Western Australian Bar Association practicing from Francis Burt Chambers in Perth since 2015. Prior to joining the bar, Elmi practiced in Brisbane between 2004 and 2009 where she was involved in a wide range of commercial litigation, insurance claims and corporate governance matters. From 2009 to 2015 she acted as in-house legal counsel in the Public Sector for the Departments of Water, Environment, and Transport, respectively, and has expertise in resources disputes, particularly in the water sector and mining industry. Elmi has particular expertise as an advocate, and has appeared as Counsel in all State and Federal Courts and Tribunals. She has a strong interest in mediation and commercial negotiation, having completed training both as a mediator and in commercial arbitration. Elmi practices predominantly in commercial litigation, taxation law, deceased estates, family law, employment law and migration law. She has a Maritime Law LLM from the University of Queensland and has acted in a number of shipping matters as well as several aviation claims. She is an adjunct lecturer for the College of Law, has published a number of articles in various legal publications and presented papers and training courses at numerous CPD events in WA. Elmi regularly contributes to the profession by way of acting pro bono on worthy matters and volunteering her time in order to mentor students.


Kellie Woods, Barrister, Francis Burt Chambers
Kellie’s practice includes deceased estate and Family Provision Act matters, trusts, corporate and commercial litigation and dispute resolution, insolvency and legal costs. Before being elected to the Bar, Kellie worked in commercial litigation and recoveries and restructuring, most recently as a Managing Associate at Dentons Australia. Kellie has a wide range of litigation experience having appeared as Counsel in the Magistrates, District, and Supreme Court and State Administrative Tribunal in addition to appearing regularly in the Federal Court and Federal Circuit and Family Court of Australia. Kellie is known for her thorough and accurate legal advice and her eye for attention to detail. She has advised a wide range of individual, commercial and corporate clients, providing a solution-focussed, commercial and pragmatic approach. In addition to her legal work, Kellie is a member of the Law Society Council, the Law Society Costs Committee and Elder Law Committee. Kellie enjoys giving back to the legal community by preparing articles and presenting at CPD events. In 2019, Kellie was the State’s Highest Achiever in the Australian Restructuring Insolvency & Turnaround Association’s (ARITA) Fundamentals of Insolvency qualification.


Maree van der Kwast, Senior Consultant, Private Clients Group, Jackson McDonald
Maree van der Kwast joined Dwyer Durack in 2001. She heads the Succession Department. In July 2005 Maree became a partner of Dwyer Durack and in July 2006 a director of Dwyers Legal Pty Ltd. Maree had always been interested in estates and gained first class honours from the University of Western Australia with a thesis about inheritance rights. Since being admitted to practice she has focused on litigation relating to equitable claims, action pursuant to the Inheritance Act and disputes about deceased estates, trusts and Wills. Maree also drafts Wills and administers non-contentious estates.


Heather Williams, Director & Principal Solicitor, Sunstone Legal
Heather Williams is the Director and Principal Solicitor at Sunstone Legal. The name, Sunstone Legal, comes from Nordic mythology where Viking sailors used sunstones on a cloudy day to detect the position of the Sun to navigate the seas. As lawyers, our education and experience means we can be that guiding light for our clients to help them safely navigate their legal matter. In Heather's practice she provides advice and assistance to Perth business owners, private clients and complex families on their succession planning, deceased estates, business contracts and employment matters. Heather is also an Associate Lecturer at Curtin Law School and a supervisor at the John Curtin Law Clinic, a pro bono clinic for law students to gain real client experience under the supervision of practising lawyers as part of their law degree. Heather has commerce and law degrees from the University of Notre Dame, a Post Graduate Diploma in Legal Practice from Bond University and a Masters in Law from the University of Western Australia.


Yikai Hoe, Director, Provident Lawyersx
Yikai is the founder of Provident Lawyers. Yikai practices in superannuation and tax law and assists business clients and professional advisers with a myriad of legal solutions on all types of superannuation, tax compliance and commercial matters. He also delivers tailored estate planning and succession strategies to high net worth clients and is a SMSF Specialist Advisor (SSA), Chartered Tax Adviser (CTA) and Trusts and Estate Practitioner (TEP). He has presented on various superannuation, tax, estate and succession planning and commercial law topics.


Craig Gregson, Principal Solicitor, Gregson and Associates
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011. He holds a Bachelor of Laws (LLB) from Edith Cowan University (WA) and a Masters of Applied Law majoring in Wills and Estates Practice (LLM)(NSW) from the College of Law. Craig is a current Ph.D candidate at the University of Western Australia in Succession law reform. His thesis focuses on Avoidance of Family Provision Law in Australia and Notional Property. Craig is a part time member of Mental Health Tribunal (a jurisdiction which hears reviews of involuntary treatment orders and other applications made under the Mental Health Act 2014 (WA).

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Essential Strategies for Family Provision Claims

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All Sessions
Thursday, 12 September 2024
9.00am to 5.15pm Australia/Perth
CPD Points 7
$795.00
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Morning Session
Thursday, 12 September 2024
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
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Early Bird Discount ends 2 Aug 2024 $353.50
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Afternoon Session
Thursday, 12 September 2024
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
$420.00
Early Bird Discount ends 2 Aug 2024 $294.00
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Venue
Cliftons - Perth

Parmelia House, 191 St Georges Terrace, Perth

Directions

Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)

Parking Information

Parking not included in your registration.

Here is an option:
Wilson Parking - St Georges Square, 225 St Georges Terrace Perth  - click here for rates.