Mastering Family Provision Claims: Claimants, Cases and Essential Tools

This comprehensive program will provide you with an exploration of crucial pillars in family provision claims. Analyse how the court handles the impact of estrangement and adult children, delve into the challenges faced by partially dependent plaintiffs, and dissect court approaches to de facto relationships. Gain insights into practicalities such as cost management, uncover crucial details for affidavits and cross examination and explore intricacies of challenging validity of a will.  
Thursday, 21 September 2023
11.15am to 12.15pm De Facto Relationships and How the Court Approaches Them in Estate Matters

 

  • What is the meaning of a ‘de facto relationship’?
  • Assess the concept of ‘living together’
  • Examine recent cases at first instance and in the Court of Appeal

Presented by Angela Djukanovic, Barrister, Chalfont Chambers

3.00pm to 4.00pm Small Details: Forensic Decisions and Family Provision Claims

 

Examine aspects of the preparation and conduct of family provision claims and how particular decisions play out in court by reference to decided cases, touching on:

 

  • Affidavit drafting and couching the plaintiff’s “need”
  • The importance of offers of compromise
  • Approaches to cross examination of the plaintiff

Presented by Alisa Green, Barrister, 13th Floor St James Hall Chambers

4.15pm to 5.15pm Challenging Testamentary Capacity and Validity of a Will

 

  • Contested probate cases
    • Challenging the validity of a will
    • Defending a will
  • Mental and testamentary capacity
  • Knowledge and approval
  • Undue influence

Presented by Linda Clarke, Barrister, Second Floor Wentworth Chambers

9.00am to 10.00am Estrangement and Adult Children in Family Provision Claims

 

  • How are claims by adult children treated by the Court?
  • What impact does estrangement have on an adult child claim?
  • Promissory estoppel and claims by adult children
  • Recent cases

Presented by Anthea Kennedy, Partner, Bridges Lawyers; Accredited Specialist in Wills and Estates Law; Preeminent, Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022

2.00pm to 3.00pm Navigate Practicalities of Family Provision Claims

 

  • Learn how to effectively manage the client (taking evidence)
  • Assess management of costs
  • Successfully manage time frames

Presented by Leah Sewell, Principal, LS Legal; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022

10.00am to 11.00am Family Provision Case Update

 

Gain a comprehensive walk through of all family provision cases handed down, to date, in 2023, where a family provision order was sought and determined. You will receive a table of all cases, with key factors identified, and some interesting cases spoken to, along with some key takeaways from the cases in general.

 

Presented by Andrew Stevens, Barrister, 2 Wentworth Chambers

12.15pm to 1.15pm Partly Dependent Plaintiffs: Grandchildren and Members of the Household after Chisak v Presot [2022] NSWCA 100

 

  • Review the issues faced by plaintiff grandchildren (and former members of the deceased’s household) who can only claim to have been “partially dependant” on the deceased
  • Consider the impact of Chisak v Preson on how such claims should be evaluated
  • Explore whether the bar has been lowered for such claimants

Presented by Patrick Wiggins, Barrister, 13 Wentworth

Description
Attend and earn 7 CPD units in Substantive Law

This program is based on NSW legislation

Session 1: Understanding Recent Cases and Claimants in Family Provision Claims
Chair:  Gerard Basha , Partner, Bartier Perry; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer,  Doyle’s Guide  2022
11.00am to 11.15am Networking Morning Tea
Session 2: Practical Toolkit for FPC and Associated Disputes
Chair:  Gerard Basha , Partner, Bartier Perry; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer,  Doyle’s Guide  2022
Testimonials

“Was a great seminar with practical useful advice, brilliant as usual”
“Very helpful resources and very knowledgeable speakers”

4.00pm to 4.15pm Networking Afternoon Tea

Presenters


Ms. Anthea Kennedy, Partner, Bridges Lawyers
Anthea has been in practice as a solicitor since 1992. She has presented seminars and workshops in the areas of Wills and Estates law from 2002 onwards. Her work is mainly litigation, a high proportion of which is contested Probate, Family Provision cases and other Equity work together with estate planning advice. Anthea is an accredited specialist in Wills and Estates Law and is a past Chair of the Advisory Committee for Specialist Accreditation in Wills and Estates. Anthea is listed in the Doyle’s Guide of Leading Wills & Estates Litigation Lawyers 2022 as Preeminent in Australia and in NSW. She is also listed as Pre-eminent in Leading Wills, Estates & Succession Planning Lawyers, NSW in 2022.


Mr. Andrew Stevens, Barrister, 2 Wentworth Chambers
Andrew practices in Equity and Succession Law, including probate, family provision, contested estates and equity claims. He presents at Continuing Professional Development seminars in the topic of succession law. Andrew has achieved a Masters in Laws majoring in Wills & Estates. He previously worked as a paralegal and solicitor prior to coming to the NSW Bar.


Ms. 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.


Mr. Patrick Wiggins, Barrister, 13 Wentworth
Patrick was called to the bar in 2021. Prior to being called to the bar, he practiced for more than 10 years as a solicitor. He was an Accredited Specialist in Commercial Litigation and holds a Masters in Applied Law (majoring in commercial litigation). He was also an active member of the Law Society’s Litigation Law and Practice Committee, and the Law Society’s nominated representative to both the Supreme Court’s Common Law (Civil) User Group and the NCAT Liaison Group.


Ms. Leah Sewell, Principal, LS Legal
Leah Sewell was admitted as a solicitor more than 20 years ago, an Accredited Specialist in Wills & Estates and recognised by Doyle’s Guide in 2020, 2021 and 2022 in estate litigation. Leah is also a Trusts & Estates Practitioner with STEP and elected committee member to the Mental Capacity Special Interest Group (SIG) of STEP representing Australia. Leah’s practice covers all areas of wills and estates and elder law, including estate planning, estate disputes, trusts, unconscionable conduct, granny flat agreements/inter family loans and protective list matters.


Ms. Alisa Green, Barrister, 13th Floor St James Hall Chambers
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.


Ms. Linda Clarke, Barrister, Second Floor Wentworth Chambers
Linda is a barrister and NMAS mediator practising primarily in the areas of estate litigation (with an emphasis on family provision and probate) and family law. She appears regularly in the Probate and Family Provision Lists. Linda has a particular interest in claims involving the protective jurisdiction, the use and misuse of POA’s and EPOA’s, and the growing area of elder abuse.


Gerard Basha, Partner, Bartier Perry
Gerard Basha is the head of Bartier Perry’s private clients team. He is recognised as a leader in his field and his clients benefit from his wide-ranging experience and specialist legal advice. Gerard has advised and been involved as an expert court witness in succession law cases. He is an Accredited Specialist in Wills and Estates Law and a Notary Public, Chair of the NSW Wills and Estates Law Accredited Specialists Practice Group, and a Registered Trust and Estate Practitioner with the Society of Trust and Estate Practitioners (STEP). Doyle’s Guide to the Australian Legal Profession has recognised Gerard as a leading wills & estates litigation lawyer in both NSW and Australia from 2016 to 2022 and as a leading wills & succession planning lawyer from 2017 to 2022.

239N23

Mastering Family Provision Claims: Claimants, Cases and Essential Tools

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All Sessions
Thursday, 21 September 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
7
$795.00
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Morning Session
Thursday, 21 September 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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Afternoon Session
Thursday, 21 September 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
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Venue
Cliftons - Margaret St

Level 13, 60 Margaret Street, Sydney

Directions Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)  

 

Parking Information

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