- 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
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
- 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
- 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
- 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
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
- 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
This program is based on NSW legislation
“Was a great seminar with practical useful advice, brilliant as usual”
“Very helpful resources and very knowledgeable speakers”
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
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.
Ms. Angela Djukanovic, Barrister, Chalfont Chambers
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.
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 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.
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.