A Guide to Testator Family Maintenance Claims

Walk away with a practical toolkit with this all-inclusive guide. Assess merits and rights of beneficiaries, get the groundwork right by exploring the nuts and bolts of a TFM claim including the requirements, practice, procedure and costs issues. Explore alternative claims to TFM claims and receive practical tools you can employ in the estate planning stages to meet a future TFM matter. Master your TFM claims so that you are successful in these litigious matters. WEB239V02Z

Wednesday, 6 September 2023
4.30pm to 5.15pm Forward Thinking - Planning to Meet a Future TFM Claim
  • Contracting out?
  • Declarations
  • Financial restructuring
  • Superannuation
  • Case studies
  • The Solicitor’s retainer

Presented by Greg Russo, Principal Solicitor, Greg Russo Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022

3.45pm to 4.30pm Plans B and C – An Exploration of Alternatives to TFM Claims
  • Will validity
  • Equitable claims
  • Superannuation claims
  • Case studies

Presented by Carolyn Sparke KC, Barrister, Svensons Barristers; Market Leader Wills & Estates Senior Counsel, Doyle’s Guide 2022

Chair:

Kathy Wilson, Principal, Kathy Wilson Legal; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning and Wills & Estates Litigation Lawyer, Doyle’s Guide 2022

2.45pm to 3.30pm Getting the Basics Right - The Nuts and Bolts of a TFM Claim
  • Technical requirements, eligibility, and deadlines
  • Current Court processes and practice
  • Costs developments – Fixed Recoverable Costs, and recent cost cases
  • Tips and traps
  • Case studies

Presented by Bill Gillies, Barrister, Foley’s List

2.00pm to 2.45pm Before You Issue - Assessing Merits in TFM Claims and Rights of Beneficiaries
  • Estrangement and disentitling conduct
  • Financial need
  • The relevance of the size of the estate
  • What does a beneficiary have access to?
  • What information can a beneficiary seek?
  • What information does a beneficiary have to provide (what to request from your client, before you issue)

Presented by Jennifer Maher, Director, Velocity Legal; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022

Description

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

3.30pm to 3.45pm Afternoon Tea

Presenters


Kathy Wilson, Principal, Kathy Wilson Legal
Kathy Wilson is the principal of Kathy Wilson Legal. She is accredited by the Law Institute of Victoria is a Wills and Estates Specialist and is also an accredited Mediator. Kathy has worked almost exclusively in the area of Succession Planning, Wills and Estates for more than twenty years. Kathy has a keen interest in promoting legal education in the community. She has conducted many seminars and workshops for practitioners, paralegal staff and members of the public. Her presentations focus on issues arising in wills, estate administration and related litigation as well as powers of attorney and guardianship issues. Kathy serves on numerous education and advisory committees including the Law Institute of Victoria Succession Law Committee and the Elder Law Committee; the Australian Law Council Elder & Succession Law Committee; Supreme Court and County Court User Groups and the Council of the Institute of Legal Executives.


Carolyn Sparke KC, Barrister, Svensons Barristers
Carolyn Sparke KC graduated from Melbourne University in 1987 with a Bachelor of Laws and a Bachelor of Science. She was admitted to Practice (completing her articles at Minter Ellison) in 1989, and joined the Bar in 1991. She took Silk in 2012. Carolyn has been a barrister since 1991, commencing at the Bar with a broad commercial practice in property law, building cases (when a science degree comes in handy), insolvency and insurance, but for most of that time specialising in equity, trusts and deceased estate cases of all types. She also works in the Administration and guardianship jurisdiction, dealing with administration and guardianship applications and the roles and powers of Attorneys under power. Carolyn is the Victorian Bar's representative on the VCAT Guardianship List users committee. In addition, Carolyn is a Member of the Society for Trust and Estate Practitioners, with an Advanced Certificate in Trust Disputes. She has completed a qualification in International Arbitration with the Chartered Institute of Arbitrators. She is an Accredited Mediator. Her publications include: co-author of Lexis-Nexis loose-leaf service "Wills Probate and Administration Service Victoria"; an article "Removing executors and trustees" for the Oxford University Press Trusts & Trustees Journal Law Institute Journal publications, and sits on the Editorial Committee for the Trust Quarterly Review. She was formerly an Adjunct lecturer in the Masters Program, College of Law. She is the Chair of the CommBar Superannuation Section. Carolyn also teaches as an advocacy instructor: previously in the Melbourne University, Advocacy course (until 2012); an Advocacy Instructor with the Australian Advocacy Institute, the Australian Bar Association; and an Instructor with the Victorian Bar Readers Course. Carolyn regularly presents at seminars for a variety of professional bodies. She was formerly a sitting member of the Firearms Appeals Committee, an appeals tribunal constituted under the Firearms Act.


Greg Russo, Principal Solicitor, Greg Russo Lawxxx
Greg Russo is a succession law specialist at Greg Russo Law. He is a LIV Wills and Estates Accredited Specialist, a Member of the LIV Specialist Accreditation Education Advisory Committee and the LIV Wills and Estates Advisory Committee. In the last few years he has organised, chaired, moderated and presented at a number of LIV events, mainly in the area of Wills and Estates.


Jennifer Maher, Director, Velocity Legal
Jennifer Maher has expertise in advising private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning. Jennifer practises extensively in private client services, which incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. Jennifer has handled a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as several significant cases in wills, estate and equity matters including cy-près applications. Jennifer has also been appointed as a litigation guardian to protect the interests of minors or persons under a disability, whose interests are affected by a will challenge. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts. Jennifer practice also includes assisting families with their aging loved ones, including assisting and advising attorneys and guardians as to their duties, assisting with the transition to aged care and appearing at VCAT in contested administration and guardianship disputes.


Bill Gillies, Barrister, Foley’s List
William F Gillies is a member of the Medico-Legal Society, the Maritime Law Association of Australia & New Zealand and the Institute of Arbitrators and has written Practical Medicine for Lawyers. He is also admitted to practice in the A.C.T., N.S.W., Tasmania and Papua New Guinea.

WEB239V02Z

A Guide to Testator Family Maintenance Claims

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Wednesday, 6 September 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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