Brush up on your skill repertoire for contesting and defending probate proceedings effectively, refine the way you use expert evidence and identify when and how it is necessary, and obtain tips and tricks for challenging wills based on undue influence or capacity issues. Explore executor risks, authority and grants and walk away with a toolkit of skills to make complexities clear. Finish the day by analysing debt distributions. WEB2311Q01Z
Tuesday, 14 November 2023
11.35am to 12.20pm Risks Inherent for Executors in Administering Estates Absent a Grant
- From where does the authority of the executor/administrator arise?
- Explore the nature of a grant of probate and letters of administration: why they are required and what authority derives from them?
- When, however, is a grant of probate or letters not required or necessary? Discuss small estates and other circumstances
- Assess status of the executor prior in the phase between date of death and issuance of a grant
- Examine the vesting of property in the executor during this critical phase
- Practical tips and strategies solicitors ought advise executors of pre-grant
Presented by David Topp, Barrister, Bank of NSW Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
9.05am to 9.50m A Practical Toolkit for Contested Probate
- How to contest
- What evidence is needed
- How to defend contested proceedings
Presented by Trudy Naylor, Barrister, Callinan Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
9.50am to 10.35am Expert Evidence: A Panel Discussion
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Panellists include:
Florence Chen, Barrister, Level 27 Chambers; Leading Tax Junior Counsel, Doyle’s Guide 2022
Rob Cumming TEP, Barrister, 19 Inns Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
Angela Laylee, Barrister, 107 North Quay, Inns of Court
12.20pm to 1.05pm Debts and Distribution: Payment of Debts and Power of Appropriation
- Debt of estate or debt of deceased
- Statutory order of payment of debts
- Working with beneficiaries
- Giving notice of appropriation
- When Court intervention is required
Presented by David Topp, Barrister, Bank of NSW Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
Chair
Florence Chen, Barrister, Level 27 Chambers; Leading Tax Junior Counsel, Doyle’s Guide 2022
10.50am to 11.35am Challenging Wills on the Basis of Undue Influence or Lack of Capacity
• Lack of testamentary capacity: what is it and what sort of evidence do you need to establish it? • Undue influence over testators: what is it and what sort of evidence do you need to establish it? • How might such claims be resisted?
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is based on QLD legislation
9.00am to 9.05am Opening Comments by the Chair
10.35am to 10.50am Morning Tea
1.05pm to 1.15pm Closing Comments by the Chair
Presenters
Ms. Florence Chen, Barrister, Level 27 Chambers
Florence Chen has a broad commercial practice with particular expertise in the areas of tax, building and construction, and succession.She acts in a wide spectrum of complex commercial disputes in both State and Federal jurisdictions. She is regularly briefed to advise and appear with and without a leader. She has most recently been involved in proceedings involving tax litigation for the ATO, QRO and the taxpayer relating to income tax, payroll tax, superannuation and stamp duty. She has appeared in various trials and hearings involving breaches of contracts, allegations of misleading and deceptive conduct, partnerships, allegations of breaches of directors duties, unfair preference payments, property and commercial leasing disputes, family provision applications and judicial review applications.Prior to coming to the Bar, Florence was the associate to the Honourable Justice Fryberg for two years and the Honourable Justice Jackson for one year. She also previously tutored Civil Procedure at the University of Queensland for 6 years.Florence is active in a number of professional and community organisations including as a current Bar Council Member for the Bar Association of Queensland, a Past President of Queensland Young Lawyers, and a past Events Coordinator for Out For Australia.
Ms. Trudy Naylor, Barrister, Callinan Chambers
Trudy has practised as a lawyer for over 16 years, undertaking a wide variety of litigation. She initially practiced in wills and estate planning as an articled clerk, returning to the field more recently to specialise in estate litigation. Her broad litigation background assists her in advising individuals, charities, trustee companies, lawyers, accountants and financial advisers on estate and equity litigation, and estate planning. She acts for parties either pursuing or defending litigation involving estates, including family provision applications and solemn form probate proceedings. Trudy as also acted for administrators of estates in finalising property settlement matters in the Federal Circuit Court. Trudy also advises on and implements estate planning strategies and guides clients through the probate and estate administration process. Trudy's emphasis is to manage, protect and ultimately distribute assets to the right people, which requires a commercial and pragmatic approach to planning the succession of the wealth of her clients. Trudy was previously a panel lawyer for WorkCover Queensland, handling the defence of its common law claims. This role honed her skills in dealing with individuals during contentious situations and negotiating matters to a swift resolution. Her extensive experience atmediationsprovides calm and steady guidance for clients engaged in what can be one of the most stressful parts of estate litigation. With a reputation for progressing multiple matters in a highly efficient manner, Trudy has the ability to meet her clients' requirements in a timely and efficient manner.
Ms. Angela Laylee, Barrister, 107 North Quay, Inns of Court
Angela practices primarily in the areas of insolvency and general commercial litigation. She has been involved in all facets of insolvency administration including advising insolvency practitioners, creditors and debtors and regularly appears in both the state and federal jurisdictions.In the more general commercial field, Angela has practiced across all jurisdictions, including appellate, and she also has experience in family law matters, property, contract disputes, estates (in particular family provision applications) and crime. She has also been involved in a number of matters which utilised alternative dispute resolution, in particular mediations.Angela practiced as a solicitor in Brisbane for 12 years (following 2 years as an articled clerk in Maryborough) and was called to the Bar in 2016.In keeping with her interest in insolvency, Angela is a member of a number of insolvency associations and was a member of the ARITA Queensland committee from 2013 to 2016.
Mr. Rob Cumming TEP, Barrister, 19 Inns Chambers
After 35 years as a solicitor, Rob commencedpractising as a barrister at the Queensland Bar in May 2017. Rob specialises in a range of estate, trust and disability law issues. He is well versed in dealing with estate litigation, particularly family provision applications, construction, rectification and cy-prŠs applications and solemn form proceedings. Similarly, he is very experienced in guardianship and administration matters and the special requirements for persons with a legal disability. As a solicitor, Rob successfully achieved Queensland Law Society Specialist Accreditation.
Mr Rob Cumming TEP, Barrister, 19 Inns Chambers
After 35 years as a solicitor, Rob commencedpractising as a barrister at the Queensland Bar in May 2017. Rob specialises in a range of estate, trust and disability law issues. He is well versed in dealing with estate litigation, particularly family provision applications, construction, rectification and cy-prŠs applications and solemn form proceedings. Similarly, he is very experienced in guardianship and administration matters and the special requirements for persons with a legal disability. As a solicitor, Rob successfully achieved Queensland Law Society Specialist Accreditation.
Mr. David Topp, Barrister, Bank of NSW Chambers
David Topp is a Barrister at the private bar in Brisbane. Admitted as a solicitor in 2002 and having commenced practice as a barrister during February 2006, David has many years of practical experience in all aspects of trusts, estate and family provision litigation and dispute resolution, along with a sideline practice as a registered costs assessor or costs advocate as the case may be. David is an accomplished speaker having presented seminars on many prior occasions for Lexis Nexis, Step Qld, Step Tasmania, the Qld Law Society, Television Education Network and Legalwise, and has had written work published by Proctor, the Tasmanian Law Society's quarterly Law Letter, CCH Online and Lawyers Weekly. David is also the author of two Security for Costs textbooks and the property law themed Tennyson Breach.
