Chair
Mary Rebehy, Barrister and Mediator, Lachlan Macquarie Chambers
Undue Influence in Succession Matters: Detecting and Addressing
With an aging population, it is crucial that all succession lawyers understand the nuances of undue influence in succession matters to detect and avoid elder abuse, which may sometimes be very subtle. This session explores:
- What is undue influence?
- Do equitable presumptions of undue influence apply in probate matters?
- What issues can invalidate a Will?
- Standing and the burden of proof in allegations of undue influence
- Red flags: Identifying and avoiding undue influence
- Case update: including Alexakis v Masters [No 2] [2023] NSWSC 509 and [No 3]
- [2023] NSWSC and Schwanke v Alexakis; Camilleri v Alexakis [2024] NSWSCA 118
- Has the door been closed on presumed undue influence in probate?
Presented by Paul Evans, Partner, Makinson D’Apice; Preeminent Wills, Estates & Succession Planning Lawyers, Doyles Guide 2023
Description
Attend and earn 0.5 CPD hour in Substantive Law
This program is based on NSW legislation
Presenters
Paul Evans, Partner, Makinson D’Apice
Paul is a Partner at Makinson d’Apice with over 30 years’ experience in the Private Clients area. An Accredited Specialist in Wills and Estates Law, he is also a member of the Society of Trust and Estate Practitioners. Paul frequently speaks at seminars on Wills and Estate Law, providing continuing legal education for solicitors and other professionals. Paul qualified as a Solicitor in England in 1992 and in NSW in 1994. He holds Arts and Law degrees from the University of Sydney. His expertise includes wills and estate planning, disputes to wills, protecting assets for future generations, and estate administration. During his 18 years in London, Paul specialised in inheritance tax mitigation and worked with charities such as Save the Children Fund and The King Edward’s Hospital Fund for London. Before joining Makinson d’Apice in 2011, Paul worked at National Australia Trustees Limited (part of NAB Private Wealth) as Manager Northern States, Estate Planning. Paul has extensive experience assisting a wide range of clients, including high-net-worth individuals, and creating tailored solutions for blended families. Paul regularly appears in Doyles Guide in the areas of estate litigation and Wills, Estates & Succession Planning.
Mary Rebehy, Barrister and Mediator, Lachlan Macquarie Chambers
Mary Rebehy is a Barrister in Sydney who practises in a range of jurisdictions including administrative law, family law, and workplace facilitation. Mary is an accredited mediator and family dispute resolution practitioner. She has been a member of the Legal Aid Commission dispute resolution panel since 2000 and regularly chairs the court ordered mediations at the Parramatta, Family Court. Mary was previously the Manager of Executive and Ministerial Services at Office of State Revenue, and Director of Legal Management Services for the Department of Justice and Attorney General where she coordinated the Legal Services Review with NSW Treasury. Mary was appointed as a conference registrar at the Administrative Appeals Tribunal from 2006 to 2009 and currently serves on the Tribunal panel of early dispute resolution practitioners.
