Learn how to best navigate the challenges of the State Administrative Tribunal from an expert who specialises in guardianship matters and further explore best approaches to tackling common issues and challenges in estate actions. Understand mechanics of solemn forms of probate and investigate tips and tricks for challenging will validity on the basis of lack of capacity or undue influence. Don’t miss this toolkit of strategies for traversing intricacies of estate administration and probate.
Professional Skills
2.00pm to 3.00pm Practical Tips for Guardianship Applications in the State Administrative Tribunal
- Statistics on applications in the SAT
- Immediate decisions and urgency
- The Public Advocate and Public Trustee
- Default decision-makers for treatment decisions
- Expert evidence
- Conflict in the family
- Behaviour Support Plans & restrictive practices
- The NDIS
- Gifting authorities
- Acting for clients who are house-bound or in hospital
- S17A reviews and Supreme Court appeals
- Post-hearing ‘client care’
Presented By Richard Graham, Principal, Graham And Associates; Member, Courts Committee and The Costs Committee, Law Society of WA
Chair:
Lee-Ann Cartoon, Principal, Succession Solutions Perth; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022
3.00pm to 4.00pm Common Issues and Challenges in Estate Actions
- The mechanics of settling a solemn form probate action
- Competing for a grant where there is an intestacy or no executor who can be appointed
- Rectifying a will
Presented by Robert Nash, Barrister and Nationally Accredited Mediator, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
4.15pm to 5.15pm Challenging the Validity of a Will 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?
Presented by Maree van der Kwast, Director, Dwyer Durack; Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2022, and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
4.00pm to 4.15pm Afternoon Tea
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is based on WA legislation
Presenters
Mr. Richard Graham, Principal, Graham And Associates
Richard Graham is a legal practitioner director at Graham and Associates. He specialises in defamation, guardianship and administration in SAT and legal costs disputes. He is the author of Civil Procedure WA Magistrates Court, known as "The Magistrates Court Red Book". Richard is a member of 2 committees at the Law Society of WA. These are the Courts Committee and the Costs Committee.
Ms. Maree van der Kwast, Director, Dwyer Durack
Maree van der Kwast joined Dwyer Durack in 2001. She heads the Succession Department. In July 2005 Maree became a partner of Dwyer Durack and in July 2006 a director of Dwyers Legal Pty Ltd. Maree had always been interested in estates and gained first class honours from the University of Western Australia with a thesis about inheritance rights. Since being admitted to practice she has focused on litigation relating to equitable claims, action pursuant to the Inheritance Act and disputes about deceased estates, trusts and Wills. Maree also drafts Wills and administers non-contentious estates.
Mr. Robert Nash, Barrister and Nationally Accredited Mediator, Francis Burt Chambers
Robert Nash has been admitted to legal practice since 1987. He has practiced as an independent barrister for over 20 years at Francis Burt Chambers, is an accredited mediator, and is a member of STEP. In recent years his practice at the Bar has been primarily providing advice and acting as counsel in the areas of succession, estate administration, trusts, real property, and military discipline law. He is the Chairperson of the Racing Penalties Appeal Tribunal of Western Australia and was formerly the Head of Panel of the WA Navy Legal Panel.
