Estate Administration, Probate Proceedings and Estate Disputes

Attend and receive a comprehensive review of estate administration, probate proceedings and estate disputes. Cover the most pertinent aspects of estate administration, including special grants and administration of estate contracts involving mutual wills, before analysing taxation concerns for executors. Dive into intestacy and estate disputes with compelling examination of jurisdiction in estate disputes and offers of compromise in family provision disputes. 

Wednesday, 7 June 2023
4.15pm to 5.15pm Offers of Compromise in the Context of Family Provision Litigation
  • General principles of offers of compromise
  • How general principles apply in family provision matters
  • Recent decisions in family provision litigation and the conclusions that can be drawn from them

Presented by Irina Hoskinson, Barrister, Latham Chambers

9.00am to 10.00am Intestacy
  • Proofs and where to find them
  • How to search
  • Scope of searches
  • Entitlement, proven or unproven
  • Topical cases

Presented by Margaret Pringle, Barrister, Chalfont Chambers

11.15am to 12.15am Administration of Estate Contracts Involving Mutual Wills
  • Scenarios in which contracts involving Mutual Wills arise and what are the alternatives
  • The Mutual Wills doctrine: contract or mirror wills
  • The Elements required of Mutual Wills
  • Revocation, departure from the Terms and Remedies
  • Statutory entitlements and the interplay between Family Provision and Mutual Wills
  • Recent Cases

Presented by Justine Taylor, Principal Director, Uther Webster & Evans; Doyle’s Recommended Leading Estate Litigation Lawyer (2017-present)

Professional Skills
2.00pm to 3.00pm Expert Witness Evidence in Probate Litigation
  • Role of the Court vs the role of the expert
  • The Court’s practice and procedure
  • Choosing the right expert
  • Letters of instructions to the expert
  • Confidentiality and privilege issues

Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist in Wills & Estates Law; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021

12.15pm to 1.15pm Estate Administration: Taxation Concerns for Executors
  • Executors responsibility and obligations for taxation in Australia
  • Quick review of Taxation Administration Acts- relevant sections
  • ATO Tax Guidelines for executors – PCG 2018/4EC
  • Tax Ruling IT 2622 - the 3 stages of taxing income with estates/ present entitlement
  • Tax Residency / foreign residents/foreign persons
  • Estates and CGT- main residence exemption/ PCG 2019/5EC
    • Gifts to foreign residents/ TAP and Non TAP assets
    • Life interests – TR 2006/14.
  • Tips to protect / warn executors/ administrators

Presented by Warwick Gilbertson, Partner, Turnbull Hill Lawyers; Accredited Specialist in Family Law; Member of the Taxation Institute of Australia; Best Lawyers 2024, Trusts and Estates

3.00pm to 4.00pm Jurisdiction in Estate Disputes
  • Domicile
  • Moveable and immovable property
  • Section 64 of the Succession Act
  • The old and new cases

Presented by Monica Ross-Maranik, Consulting Principal, Keypoint Law

Session 2: A Practical Guide Estate Disputes

Chair: Louise Brown Senior Solicitor & Manager (Genealogy), Legal Professional Services, NSW Trustee and Guardian

Session 1: Intestacy, Probate and Estate Administration

Chair: Mark Squire, Special Counsel, Atkinson Vinden Lawyers

10.00am to 11.00am Special Grants of Administration
  • What are they: overview of different types of special grants
  • When you need special grants of administration
  • How to obtain a special grant of administration

Presented by Ben Dornan, Principal, L Rundle & Associates; Accredited Specialist Wills and Estates Law

Description

Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills

This program is based on NSW legislation

4.00pm to 4.15pm Afternoon Break
11.00am to 11.15am Morning Break

Presenters


Ms. Justine Taylor, Principal Director, Uther Webster & Evans
Justine is an Accredited Specialist in Wills and Estates. Justine joined Uther Webster & Evans in 2004 and holds a Bachelor of Laws (First Class Honours) and Bachelor of Psychology.  Justine became a Partner of Uther Webster & Evans in 2015, and is now a Principal Director of the firm.  A full member of STEP, Justine is a registered Trust Estate Practitioner and has been honoured to be ranked on Doyle’s Guide as Leading Wills & Estates Litigation Lawyer in NSW and Doyle’s Guide Recommended Wills & Estates Litigation Lawyer across Australia Justine’s primary practice and passion is Succession Law, Wills & Estates and Trusts including contested estate litigation, complex estate administration, dispute resolution, protective list applications, general equity, estoppel and trusts.


Mr. Warwick Gilbertson, Partner, Turnbull Hill Lawyers
City born and country raised Warwick Gilbertson understands people as much as he understands the law. It is this combination of talents coupled with 40 years plus of experience that has seen Warwick become a sought after advisor regarding Wills, Powers of Attorney, Guardianship, Trusts, Companies, Superannuation Funds, Business entities and the claims that can be made upon them. Warwick’s journey as a lawyer has brought him far since being admitted to practice as a Practitioner of the Supreme Court of Tasmania in 1975, to a solicitor of the Supreme Court of NSW in 1980. Warwick is the Partner in charge at Turnbull Hill Lawyers of the firm’s Estate Planning, Estate Administration and Family Law Teams. Turnbull Hill Lawyers was named by Doyle’s Guide as a Leading Law Firm: Wills, Estate and Succession Planning 2021 and 2022 (NSW). Warwick is a registered Trust and Estate Practitioner (TEP). He is an Associate Member of the Taxation Institute of Australia. Warwick has been recognized since 2020 to 2024 by Best Lawyers in Australia for his contribution to Trusts & Estates.


Ms. Asheetha Jelliffe, Partner, Bridges Lawyers
Asheetha has 20 years' experience in Wills and Estates Law and became an Accredited Specialist in 2011. Although her main area of practice is in contested estate litigation, including testamentary capacity and other probate matters, family provision cases, elder law issues and other estate administration suits. She has utilised that experience in her growing estate planning practice. She also has experience as a Court appointed Independent Administrator, and in applying for 'out of the ordinary' grants of probate and letters of administration. Asheetha is a member of the Society of Trust and Estate Practitioners. Asheetha has been listed in the 2022 Doyles Guide's lists of Preeminent Estates Litigation Lawyers and Leading Wills Estates and Succession Planning Lawyers in New South Wales.


Ms. Monica Ross-Maranik, Consulting Principal, Keypoint Law
Monica is an accredited specialist in wills and estates law in NSW, working predominately in estate litigation, probate, estate administration and estate planning. She has over 25 years’ practise in the field, including extensive experience conducting high profile litigation which she undertakes with compassion and strategic reasoning. Monica’s areas of expertise include: Wills and estate planning, Contested probate litigation, Family provision litigation, Probate and estate administration, Other estate and equity litigation, Trusts and trust litigation, Enduring powers of attorney, Enduring guardianships and Protective jurisdiction advice and litigation including court authorised wills. Monica holds a Master of Laws from Sydney University, and is a current member of the International Society of Trust and Estate Practitioners (STEP).


Ms. Irina Hoskinson, Barrister, Latham Chambers
Irina commenced private practice in 2011. Irina was called to the Bar in 2016 and takes briefs to appear in Supreme Court, Federal Circuit and Family Court and Local Court. She appeared in family provision, probate, bankruptcy, corporate insolvency, general equity and family law matters. In 2020 Irina took a break from the Bar for 14 months and held a position as a Senior Deputy Registrar in the role of Probate Registrar in the Supreme Court of NSW. In that role she was making decisions in relation to complex probate and administration matters; she also sat as a Common Law and Equity Registrar and presided over corporations’ examinations. Upon her return to the Bar, Irina currently practices mainly in probate and family provision matters. Irina is also a costs assessor. She also regularly presents CPD seminars for solicitors on her areas of practice.


Mr. Mark Squire, Special Counsel, Atkinson Vinden Lawyers
After conducting his own city practice for many years, Mark Squire has now opted for an ‘administrative-free’ role as Special Counsel at Atkinson Vinden (with whom he has had a lengthy association). In this role, Mark is able to practice substantially in estate planning with a particular interest in blended family issues. Mark is a former part-time lecturer at UTS and is a regular presenter to legal and other professional groups, mainly for Legalwise.


Ms. Margaret Pringle, Barrister, Chalfont Chambers
Margaret Pringle was admitted as a solicitor in February 2001, having previously qualified and worked as a registered nurse. She was employed by the former Public Trustee (now NSW Trustee & Guardian) specialising in Equity litigation involving deceased estates. In 2007 Margaret was awarded a Master of Jurisprudence (USyd). Margaret was called to the NSW Bar in May 2010 and practices primarily in the Equity jurisdiction of the Supreme Court in matters relating to the estates of deceased and incapable persons. She is a member of Chalfont Chambers on Level 9, 67 Castlereagh Street, Sydney.


Mr. Ben Dornan, Principal, L Rundle & Associates
Ben Dornan is an Accredited Specialist in Wills and Estates Law. Ben has been listed in Doyle’s Guide as a Leading Lawyer in Wills and Estates Litigation in New South Wales.


Ms. Louise Brown Senior Solicitor & Manager (Genealogy), NSW Trustee and Guardian
Louise is the Senior Solicitor and Manager of the Genealogy Unit at NSWTG. Louise and her team predominantly deal with complex intestacy matters where there are no known next of kin in Australia who ore able to obtain a grant. Due to the different record keeping practices and confidentiality policies in jurisdictions around the world and the loss of records due to war and migration there are many estates where full certificate evidence is not available and Louise is responsible forcommencing all next of kin applications for NSWTG at the Supreme Court. Previously Louise was the Registrar in Probate at the Supreme Court, where she conducted the probate list and dealt with all of the most complex probate and administration applications. Louise was a member of the Elder Law Committee of the Law Society for five years and is a regular presenter at CPDs in the area of succession.

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Estate Administration, Probate Proceedings and Estate Disputes

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