Family Provision Applications: A Practical Guide

Walk away with a practical guide to Family Provision Applications with must-have knowledge. Receive a toolkit of practical tips and tricks for every stage of the FPA proceedings from preparing the originating documents to finalising the proceedings. Gain a comprehensive walk through the 2023 FPA decisions and receive applicable legal and evidentiary points to apply in practice. Evaluate whether the moral duty overrides estrangement and navigate unusual challenges in FPA matters. 

Thursday, 24 August 2023
3.45pm to 4.30pm Estrangement in Family Provision Applications: Does the Moral Duty Override Estrangement?

 

  • Is the Court likely to consider an estrangement (even a long estrangement) disentitling conduct?
  • How much emphasis will the Court place on an estrangement when determining adequate provision?
  • Recent case examples:
    • Long estrangements
    • The impact and reliability of statements of wishes – what weight will they be given?
    • When historical abuse of the applicant by the testator is cited as the reason for the estrangement.
  • Practical guidance on the importance of taking fulsome instructions and appropriately advising clients from the outset

Presented by Sean Powell, Partner, Robbins Watson

2.45pm to 3.30pm Recent Cases in Family Provision Application Matters

 

Gain a comprehensive walk through of family provision application cases handed down, to date, in 2023, where a family provision order was sought and determined. In this program, you will:

  • Review recent Court of Appeal decision
  • Explore a summary of any notable family provision claims from around Australia
  • Gain essential take home points: legal and evidentiary

Presented by Sarah Doblo, Special Counsel, McCullough Robertson; Accredited Specialist Succession Law; Leading Wills and Estates Litigation Lawyer, Doyle’s Guide 2022

Chair:

Jenna Hutchinson, Partner, Turner Freeman Lawyers; Recommended Wills and Estates Litigation Lawyer, Doyle’s Guide 2022

3.30pm to 3.45pm Afternoon Break
4.30pm to 5.15pm Unchartered Territory: Unusual Challenges in Family Provision Applications

 

  • Examine eligibility issues in FPA
  • Explore conflicts of interest
  • Enhance your understanding of disproportionate costs

Presented Kelly Gatehouse, Principal Lawyer and Director, Nurture Law; Recommended Wills and Estates Litigation Lawyer, Doyle’s Guide 2022; Best Lawyers 2023, Trusts and Estates, and Christie Belsham, Lawyer, Nurture Law

Description

Attend and earn 3 CPD units in Substantive Law
This program is based on QLD legislation

2.00pm to 2.45pm Practical Steps and Considerations Involved in Running a Family Provision Application

 

Gain a toolkit of practical tips and tricks for:

  • Preparing and serving the proceedings
  • Responding to the proceedings
  • Preparing for mediation
  • Preparing for trial
  • Finalising proceedings

Presented by Ashleigh Poole, Partner, Thynne Macartney; Accredited Specialist Succession Law; Leading Wills and Estates Litigation Lawyer, Doyle’s Guide 2022, and Vicky Martin, Senior Associate, Thynne Macartney; STEP Queensland Branch 2023 Committee; Rising Star in Wills, Estates & Succession Planning, Doyle’s Guide 2021

Presenters


Ms. Jenna Hutchinson, Partner, Turner Freeman Lawyers
Jenna has been named in Doyles Guide as one of the recommended Wills & Estates Litigation Lawyers in Queensland for 3 years in a row. Jenna heads the Queensland Wills & Estates Department at Turner Freeman Lawyers. She is based in the Brisbane office, however services clients state wide. She works exclusively in the area of Succession Law as this is where her passion lies. Jenna’s clients appreciate her “hands-on” and direct approach that she provides at an especially difficult time in their lives when they lost a loved one. Jenna always strives to do the best she can for her clients to ensure that their wishes are adhered to, as well as tries to achieve the best outcome for her clients if they have been unfairly left out of a Will. She is also experienced in defending the Estate against complex claims.


Ms. Ashleigh Poole, Partner, Thynne Macartney
Ashleigh Poole is an accredited specialist in succession law and Partner at Thynne + Macartney. Ashleigh has experience in all aspects of succession law including deceased estate administration, estate and succession planning, estate and equity litigation, trusts and QCAT matters. Ashleigh is a member of the Society of Trust and Estate Practitioners (STEP) and is currently enjoying her time serving as a committee member of the Queensland branch of the organisation. Ashleigh has a particular interest in complex deceased estate administration and estate planning where there is a risk of litigation.


Ms. Vicky Martin, Senior Associate, Thynne Macartney
Vicky has more than 30 years' experience working in the legal industry and is a Senior Associate in the Wills + Estates team at Thynne + Macartney. She has the knowledge and skill to interpret the complexities of the law and deliver workable solutions to clients. While studying law, Vicky worked at a specialist Wills and estates law firm where she gained extensive experience and knowledge which helps her guide clients through challenging times in their lives. She works exclusively in the areas of estate planning, estate administration and estate litigation. Vicky helps clients understand the most appropriate estate plan for their situation, and then assists by implementing it with the preparation of various documents. As well as helping executors and beneficiaries to navigate simple and complex estate administrations, Vicky has significant experience advising trustees on establishing and administering various trusts, including special disability trusts and charitable trusts. She is a member of the Society of Trust and Estate Practitioners (STEP) and currently serves as a member of the STEP Qld committee.


Mr. Sean Powell, Partner, Robbins Watson
Sean leads the Dispute Resolution and Litigation Team at Robbins Watson Solicitors. He specialises in estate disputes and estate administration, with a particular emphasis on contested wills. In line with his Succession Law focus, Sean has completed a Master of Laws, majoring in Wills and Estates. He is also a full member of the Society of Trust and Estate Practitioners (STEP). Sean has acted in a wide range of contested succession law matters including but not limited to family provision applications, challenges to the validity of wills (testamentary capacity; undue influence; knowledge and approval; fraud; forgery), informal wills, superannuation and life insurance disputes, appointment and removal of executors and trustees. Having practised extensively in Queensland and New South Wales, Sean is one of the few Queensland solicitors with substantial cross-jurisdictional succession law experience. As a result, he is highly sought after in estate matters involving people and/or assets on different sides of the border.


Ms. Sarah Doblo, Special Counsel, McCullough Robertson
Sarah Doblo is an accredited specialist in succession law who specialises in estate and trust litigation, estate administration and estate planning. Sarah's clients include individuals, charities, trustee companies, professional advisors and other law firms. Whether the client is high-net worth or modest, Sarah applies a thorough, practical and empathetic approach to source outcomes for her clients and navigate them through the legal system in an often difficult time. She provides holistic advice to executors, trustees, beneficiaries, attorneys and administrators in all areas of estate and trust litigation, contentious and non-contentious estate administration, including family provisions claims, testamentary capacity, will validity and interpretation, probate, intestacy and superannuation disputes. Regularly dealing with sensitive and emotive matters, Sarah is passionate about her work and is known for her professionalism and approachable manner.


Ms. Kelly Gatehouse, Principal Lawyer and Director, Nurture Law
Kelly is the founder and director of Nurture Law, a firm specialising in all aspects of Estate Litigation, Probate / Estate Administration and Estate Planning. Kelly is a collaboratively trained lawyer, and she has also completed a Master of Laws (Majoring in Wills and Estates). Kelly is listed in The Best Lawyers in Australia for Trusts and Estates (2020-2024). Kelly has been recognised in Doyles Guide as a leading Queensland Wills and Estate Litigation Lawyer (2022). Kelly is a Full Member of the QLD Society of Trust and Estate Practitioners and was a committee member for six years.


Ms. Christie Belsham, Lawyer, Nurture Law
Christie Belsham is a lawyer at Nurture Law, a specialist wills and estates firm founded by Kelly Gatehouse. Christie has worked exclusively in succession law since her admission, across a range of estate planning, estate administration and estate litigation matters. Her experience at three different specialist estate firms has provided exposure to a variety of clients and complex estate situations. She is currently completing her Masters of Applied Law majoring in Wills and Estates through the College of Law.

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Family Provision Applications: A Practical Guide

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Single Session
Thursday, 24 August 2023
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
3
$420.00
Face to Face 20240518 20230824

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Venue
Cliftons - Brisbane

Level 24, 288 Edward Street, Brisbane 

Directions

Nearby Public Transport:
Train Stations - Brisbane Central Train Station
Bus Interchange - Adelaide St Stop 24

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