Navigating the Complexities of Estate Planning and Litigation

Attend 9 info packed sessions and walk away with a repertoire of estate planning and litigation tools. Explore complex estate litigation and derivative equitable claims, case management and perfect an important skill of crafting affidavits. Evaluate constructive trust claims, estoppel and mediation in estate disputes. Learn 4 key tools for estate planning success relating to blended families, statutory and mutual wills and testamentary trusts and be guided through interpreting company statements. 

Tuesday, 14 November 2023
Chair:

Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022

9.45am to 10.30am The New Succession and Probate List Judge: Review of Case Management post Hallen J’s Retirement

 

  • The Succession world post-Hallen J’s retirement
  • An overview of the new Practice Note SC EQ 7 and the Succession & Probate List
  • Discuss what is expected of parties and legal representatives
  • The lifecycle of a matter in the Succession & Probate List

Presented by Renee Bianchi, Barrister, 13th Floor St James Hall Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022

Professional Skills
11.30am to 12.30pm Mediation of Estate Disputes

 

  • National Mediation Practice Standards (NMAS)
  • Mediation Advocacy in a contemporary context
  • Re-framing issues and needs
  • Techniques for managing difficult emotions
  • Practical matters and court rules

Presented by Deborah Robinson, Mediator, 7 Wentworth Selborne; Nationally Accredited Mediator; Best Lawyers 2024 in Alternative Dispute Resolution and Trusts and Estates

2.00pm to 2.45pm Blended Family Estate Planning
  • The role of successful estate planning in minimising estate disputes within a blended family
  • Balancing the needs of the second partner against the children of the first relationship (and any children of the subsequent relationship)
  • Key considerations regarding eligible claimants
  • Navigating life estates
  • Explore superannuation considerations
  • Case study for discussion

Presented by Paul Evans, Partner, Makinson d’Apice Lawyers

4.30pm to 5.15pm Use and Misuse of Testamentary Trusts in Estate Planning and Asset Protection

 

  • Benefits of using testamentary trusts
  • When to use testamentary trusts: rules of thumb
  • Optional vs mandatory trusts
  • Structuring/flexibility issues
  • Estate planning to maximise a testamentary trust

Presented by Alun Hill, Barrister, Chalfont Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2018

Professional Skills
2.45pm to 3.30pm Interpreting Financial Statements and Company Constitutions When Considering the Estate Plan

 

Explore best practice for interpreting financial statements and understanding company constitutions, to ensure clarity in the estate planning stages. Work your way through inter entity loans, director loans and other tools for success.

Presented by Stephen Lynch, Director Somerville Legal; Accredited Specialist in Wills & Estates; Recommended Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022

Chair:

Michelle Painter SC, Ninth Floor Selborne Chambers; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2022

3.45pm to 4.30pm Investigating Statutory Wills, Independent Administrators and Mutual Wills

 

  • Assess considerations for a statutory will - when might a statutory will be appropriate? What are the foundational authorities? What are some procedural considerations and practical tips?
  • Navigate the appointment of independent administrators and consider situations where this arises in practice; explore considerations from the cases – Ritossa v Ritossa
  • Explore the use of mutual wills, their foundational authorities, escaping their obligations and how to use utility as a planning tool

Presented by Guy Moloney, Special Counsel, HWL Ebsworth; Recommended Wills and Estates Litigation Lawyer, Doyle’s Guide 2022

12.30pm to 1.15pm Constructive Trust Claims, Promissory Estoppel and Proprietary Estoppel & Intersection with Family Provision Claims

 

  • Explore the various elements of promissory and proprietary estoppel
  • Analyse the imposition of a constructive trust as a remedy
  • Practice points and tips on pleading equitable claims
  • Practical examples and a case update

Presented by John Armfield, Barrister and Mediator, Second Floor Wentworth Chambers; Preeminent Wills and Estates Litigation Junior Counsel, Doyle’s Guide 2022

10.450m to 11.30am Crafting Affidavits and Instituting Proceedings in Matters of Family Provision and Probate
  • Explore processes for originating proceedings including assessments of the statutory framework, the rules and the effects of the New Practice note, and whether to go for a summons, statement of claim or a motion. Deepen your knowledge of the law and common types of pleadings in probate, such as challenges to a will, estoppel and trusts
  • Prepare flawless affidavits by exploring the Evidence Act, the impacts of the new practice note on affidavits, the nuances of functional evidence and lay evidence up to mediation, and best practice for identifying gaps after mediation – do you need an expert?
  • Assembling your pleadings and evidence in succession – guarantee your A Team in making the case and assessing chronology & evidence maps

Presented by Matt Jones, Barrister, Jack Shand Chambers

9.00am to 9.45am The Legal Basis for Derivative Equitable Claims for Recovery of Property on Behalf of an Estate: Complex Estate Litigation Made Even More Complex

 

In addition to validity of will issues being a major cause of estate litigation, practitioners must also be alive to potential equitable claims that may arise.

  • Review the most common derivative equitable claims arising in estate litigation including:
  • unconscionable conduct (and where unjust contract claims fit in),
  • undue influence
  • inter vivos mental incapacity for the transaction
  • Investigate the legal basis of each of these claims
  • Examine the issues related to the practical conduct of these matters in court

Presented by Dr Hayley Bennett, Barrister, New Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022, and Alisa Green, Barrister, 13th Floor St James Hall Chambers; Rising Star, Wills, Estates & Succession Planning Law, Doyle’s Guide 2021

Description

Attend and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Professional Skills

 

This program is based on NSW legislation

Session 1

Complexities in Estate Litigation: Your Comprehensive Guide

Session 2

Modern Estate Planning: Challenges, Practice and Procedure

10.30am to 10.45am Morning Tea
3.30pm to 3.45pm Afternoon Tea
4.45pm to 5.15pm Estate Planning and Litigation Discussion and Delegates Q&A

 

Facilitated by Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2022 

Presenters


Ms. Michelle Painter SC, Ninth Floor Selborne Chambers
Michelle practices primarily in commercial law, involving all manner of commercial disputes, as well as equity and trusts, and family provision and probate. She also has extensive experience representing directors and corporations in regulatory enforcement matters. Michelle has been a barrister since 1998 and took silk in 2013. She has been involved for many years with the NSW Bar Association’s Bar Practice Course, where she presents on the art (and the slog) of cross examination.


Mr. John Armfield, Barrister and Mediator, Second Floor Wentworth Chambers
John specialises in estate litigation. Regularly advising and appearing for plaintiffs and estates in relation to matters in the Equity Division of the Supreme Court of New South Wales. John has extensive experience in representing clients at mediations and informal settlement conferences. He has also acted as a court-appointed mediator with respect to family provision claims. His practice has a strong emphasis on probate, family provision applications and will construction. He has also appeared in applications seeking a review of orders allowing commission to executors. John regularly presents papers at legal conferences in relation to wills and succession law.


Ms. Renee Bianchi, Barrister, 13th Floor St James Hall Chambers
Renée Bianchi commenced practice as a barrister in 2013. Before being called to the Bar, Renée was a litigation solicitor, specialising in public liability, product liability, and professional indemnity matters. Since being at the Bar, she has built up a diverse practice in equity, common law, and commercial matters. She appears regularly in a variety of jurisdictions in New South Wales, and interstate. Renée graduated from the University of Newcastle with a Bachelor of Biomedical Science (Honours) and a Bachelor of Laws/Diploma of Legal Practice. Renée is currently the Vice President of Australian Women Lawyers and Co-Vice Chair of the Women Barristers Forum. She is also a member of the Law Council of Australia’s Equal Opportunity Committee. She is a Past President of NSW Young Lawyers and the Women Lawyers Association of New South Wales, and a Past Chair of the Young Lawyers Committee of the Law Council of Australia. She is also a volunteer with Girl Guides Australia and the World Association of Girl Guides and Girl Scouts; as well as the Board Secretary of the B Miles Women’s Foundation. Renée was recognised by the University of Newcastle in its 2019 Alumni Awards for her exceptional community service, particularly for her service to the legal profession. Doyle’s Guide has listed her in its Wills and Estates Litigation Leading Lawyers list since 2016, naming her as a Leading Junior Counsel in this area since 2019.


Mr. Matt Jones, Barrister, Jack Shand Chambers
Matthew Jones was called to the Bar in 2020. Matthew regularly appears for executors, trustees and beneficiaries in deceased estate matters. He is recognised for his considered and pragmatic approach to legal problem solving. Matthew has a particular interest in estate matters, commercial litigation and administrative law. In addition to his particular interest in Succession law, Matthew practices in matters of Commercial litigation, Commercial leases, Disciplinary law, Tribunal matters, administrative law, Personal injury, motor accidents and Judicial Review. Matthew Practices in Succession law (Probate, Family Provision, Estate administration and advice and settling Complex estate planning instruments) General Equity Matters, Commercial litigation (Commercial leases and Contractual disputes), Administrative law (Judicial Review, Tribunal Matters and Statutory decision making), Disciplinary matters and Personal injury (Motor Accidents). Matthew also speaks to the Readers on civil litigation.


Ms. Deborah Robinson, Mediator, 7 Wentworth Selborne
After 12 years at the Bar, combining advocacy and mediation work, Deborah commenced full time practice as a mediator in 2016. Deborah has been conducting mediations since 2000, initially as a court appointed mediator/Registrar of the Supreme Court and from 2004 in private practice. Deborah is an accredited mediator under the Australian National Mediator Standards and is appointed to both the Supreme and District Court mediation panels. She was a member of the ADR Committee of the Bar Association from 2012-2018, making regular contributions to mediators’ conferences and continuing professional development seminars conducted by that Committee as well as policy developments under consideration by the Committee. Deborah completed a Certificate of Advanced Mediation from the Australian Commercial Disputes Centre in 2000. She held various positions as a Registrar of the Supreme Court from 1999 to 2004, including acting as Registrar in Equity, the Professional Negligence List Registrar and the Possession List Registrar. During her time at the Court Deborah conducted court annexed mediations in Equity and Common Law, primarily in relation to disputes involving family provision, medical negligence and possession. In private practice from 2004 Deborah has successfully mediated across a wide range of disputes including litigation in the areas of insurance, wills and estates, commercial law, real property, equity and trusts, medical negligence, defamation, restraint of trade and personal injury and has conducted facilitated family conferences in Guardianship matters.


Mr. Stephen Lynch, Director, Somerville Legal
Stephen is an Accredited Specialist in wills and estates, having specialised in the area of wills, probate, estate planning and succession for more than 20 years. His experience includes complex estate planning, including advising in relation to asset protection measures such as creation of testamentary trusts. Stephen also specialises in contested estates, including testamentary capacity disputes and Family Provision claims. Stephen is one of the authors of the highly regarded Lexis Nexis Practical Guidance publication on Succession Law, has spoken across Australia on wills and estates matters, and has been listed in the Doyles Guide of top wills and estates lawyers in NSW every year since 2015.


Mr. Guy Moloney, Special Counsel, HWL Ebsworth
Guy is the head of litigation in HWL Ebsworth’s Wills and Estate Planning practice group, and has specialised exclusively in complex Estate Litigation and Estate Planning matters for the last 7 years. In that time Guy has run family provision cases of all degrees of complexity; will rectification proceedings; statutory will proceedings; testamentary capacity proceedings; administration suits and executor default suits in the Supreme Courts of New South Wales, Victoria and the ACT. Before focusing exclusively on estates, Guy had more than a decade’s experience in insolvency, tax and general commercial litigation. Guy’s experience in estate disputes is brought to bear when advising clients on the creation of a robust and secure estate plan. In 2021 Guy was recognised as a “Rising Star – Wills, Estates and Succession Planning“ in Doyles Guide. Guy was also invited to edit the CCH Online “New South Wales Wills in Practice Commentary” regarding estate litigation and inducted by invitation into The Kronberg Circle, a European Society of Estate Planning lawyers and Public Notaries. Guy commenced his career working as a Tipstaff for the Honourable Justice Palmer in the NSW Supreme Court and has a Masters in Commercial Law from UNSW.


Mr. Alun Hill, Barrister, Chalfont Chambers
Alun Hill was called to the Bar in February 1980. He practises mainly in Probate and Equity. His Probate practice covers the usual disputes regarding wills and testamentary instruments. His Equity practice has particular emphasis on deceased estates, Family Provision, next-of-kin inquiries and Trusts. He has been retained in various matters by the NSW Trustee and Guardian (formerly the Public Trustee) for the past 28 years. Alun also practices in: Coronial Law , being Counsel Assisting in the Sydney to Hobart Inquest, Counsel Assisting in the North Parkes Mine Collapse Inquest and Counsel Assisting in the Sydney Cross-City Tunnel Collapse Inquest; Mining Law; Maritime Law with emphasis on marine pollution and collisions at sea; Building and Construction Law; and Family Law with particular emphasis on matters arising under the Hague Convention on the Civil Aspects of International Child Abduction and matters involving trust and presumptions of advancement.


Dr Hayley Bennett, Barrister, New Chambers
Hayley commenced practice as a barrister in 2009, having graduated from the University of NSW with first class honours in law the year before. Since commencing practice, she has been involved in cases in both public and private domains, but also specializes in health law across jurisdictions, including Succession and Protective Law. Hayley previously worked as a clinical and research neuropsychologist, and for a period sat on the Guardianship Tribunal of NSW (as it then was). Her qualifications in this area include a BA (Psychology honours), MA (Counselling), MSc (Neuropsychology), and PhD (Clinical Neuroscience). Hayley has published and lectured in these areas, as well as more recently in the area of judicial decision-making and its neurobiological underpinnings.


Ms. Alisa Green, Barrister, 13th Floor St James Hall Chambers
Alisa is experienced in contested estate litigation, including testamentary capacity matters, family provision cases, probate, estate administration and estate planning. Alisa was listed in the 2021 Doyles Guide’s list of Wills, Estates and Succession Planning Law Rising Stars in NSW and ACT. Alisa worked as the tipstaff to the Succession List Judge, the Honourable Justice P Hallen, in the Supreme Court of New South Wales in 2017. Alisa graduated with a Juris Doctor post graduate law degree from UNSW in 2015 and was admitted to practice in 2017. Alisa also holds a Bachelor of Science with Honours (Psychology) and Master of Psychology (Forensic) also from UNSW.

2311N09

Navigating the Complexities of Estate Planning and Litigation

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Tuesday, 14 November 2023
9.00am to 5.15pm Australia/Sydney
CPD Points 7
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Morning Session
Tuesday, 14 November 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
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Afternoon Session
Tuesday, 14 November 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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Venue
Cliftons - Margaret St

Level 13, 60 Margaret Street, Sydney

Directions Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)  

 

Parking Information

Parking not included with registration. Possible options:

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