Navigating Inheritance (Family Provision) Claims

Uncover tips and tricks for managing Inheritance Claims and approach these litigious matters with ease. Evaluate practical steps involved in claims, such as affidavit use and cost management. Review inheritance issues that arise from conflict with new partners and stepchildren. Explore cases involving adult children and estrangement, and assess the management of testamentary trusts with respect to family provision claims. Necessary mention of the Succession Bill 2021 (SA) will be included. 

Wednesday, 22 November 2023
9.00am to 10.00am The Inheritance Family Provision Act: New Partners and The Kids’ Inheritance

Review a range of issues that may arise in inheritance claims where there is a conflict between a new partner and children from a previous relationship.

  • When might a new partner qualify to make a claim as the domestic partner of the deceased?
  • The giving of life estates or a right of occupancy in the family home
  • Competing moral claims: adult children and surviving spouses
  • What if the claimant has a gambling or other kind of addiction?

Presented by Katarina Grenfell, Barrister, Murray Chambers

11.15am to 12.15pm Family Provision Claims by Adult Children
  • Historical approach to claims by adult children
  • Current approach to claims
  • Disentitling conduct
  • Estrangement

Presented by Ted Guthrie, Barrister, Nexus Chambers; Preeminent Wills and Estates Litigation Junior Counsel, Doyle’s Guide 2022

Chair

Michael Magarey, Barrister, Howard Zelling Chambers

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on SA legislation

11.00am to 11.15am Morning Break

Presenters


Mr. Michael Magarey, Barrister, Howard Zelling Chambers
Michael Magarey is a barrister and a member of Howard Zelling Chambers. He qualified for his law degree at Adelaide University in 1970 and for a Bachelor of Civil Law degree at Oxford University in 1973. He went to the bar in October 1999. For the 25 years before that he practised in the fused profession, first as a member of the firm Giles, Magarey & Lloyd and then of the firm Magarey & Magarey. His practice in those firms was a very general one. In the main he acted for people as opposed to large corporations and those people were in many cases running their own businesses. He did most things a lawyer could do for them. This included drawing wills, administering estates and conducting disputes about wills. His practice at the bar is largely in the area of disputes about wills and estates. Since being at the bar he has presented papers about wills and estates for LAAMS, The Law Society of South Australia, Legalwise and STEP South Australia. For several years he taught in The Law Society of South Australia's (and later its and Adelaide University’s combined) GDLP course in its Wills and Estates Unit; and he has also taught in the Flinders University PLT course’s Succession and Estates Practice Unit. He has a wife and four children. His principal recreation is rowing.


Ms. Katarina Grenfell, Barrister, Murray Chambers
Katarina was admitted as a barrister and solicitor in South Australia and the High Court in 1995, and was called to the bar in 2018. Katarina has a broad practice in civil, commercial and public law matters, which includes advising on and appearing in matters concerning wills and estates law. Prior to commencing practice at the Bar, Katarina had an extensive career as an international lawyer, and worked within the UN Office of the Legal Counsel in New York. In 2017, Katarina served as the Senior Legal Adviser for the OPCW-UN Investigative Mechanism to investigate those responsible for the use of chemical weapons in Syria in 2016 and 2017. Prior to her international work, Katarina was Associate to the Honourable Justice Nyland in the Supreme Court of South Australia, a prosecutor with the SA Office of the DPP, and a lawyer for the SA Crown Solicitor’s Office.


Mr. Ted Guthrie, Barrister, Nexus Chambers
Ted graduated from the University of Adelaide in 2003. Following his admission, he worked as a solicitor in general civil litigation including defamation, probate litigation and estate disputes, competition law, intellectual property, property, construction disputes, trusts, personal injury and industrial disputes. Since joining the bar in 2017, Ted has continued to practise in these areas at Anthony Mason Chambers.

WEB2311S01Z

Navigating Inheritance (Family Provision) Claims

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Single Session
Wednesday, 22 November 2023
11.15am to 12.15pm Australia/Adelaide
CPD Points 4
$305.00
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