Managing Wills and Estates Disputes: Strategy and Procedure – a Live Online Conference
conference
Tuesday 6 March 2018 – LIVE online:
Vic, NSW, ACT, Tas – 9am to 12.30pm 
SA 8.30am to 12noon
WA 6am to 9.30am
NT 7.30am to 11am
Qld 8.30am to 11.30am
REGISTER NOW!
11 WEEKS
UNTIL THE EVENT
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 ABOUT THE ONLINE CONFERENCE

Our annual 2-day wills and estates law conferences are among the most highly regarded professional development events we run, but we realise that not everyone can spare two days out of the office.  So we’re offering you a new way to access the experts online – a half-day online conference, focused on managing wills and estates disputes.

You can put your staff in the boardroom and watch it there.  You can watch it on your computer or on your portable electronic device.  All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairman, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.

We look forward to welcoming you - from all States and territories of Australia!


Session 1: Mediation in Wills Disputes: When is a Deal not a Deal?

Private mediation has become popular in all forms of litigation including disputes over wills and family provision matters.  Mediation which is court ordered is usually easy enough to enforce.  But what if a deal which has been brokered through private mediation falls over?  This presentation considers the risks and the related and preventive strategies:

  • The risks:

    • Change of mind generally

    • Undue influence and coercion in family disputes – can this vitiate settlement agreements?

    • Mistake and misrepresentation

    • NSW only – unfair contracts legislation

    • Case review – Tomac v Papp, Dark v Dark, Di Marti, Angius v Salier, Boardman v Boardman, Jennings v Jennings

  • Risk mitigation:

    • Agreements to agree generally – Masters and Cameron in the context of mediation

    • Procedure when parties do the deal

    • Processes the mediator should follow to minimize risk


Session 2: Equitable Remedies in Wills and Estates Litigation – Last Option or Best Remedy?

Equitable remedies may not spring first to mind in dealing with will disputes but this may be a mistake. Equitable remedies are becoming increasingly important in estate litigation. This session brings you up to date with latest case law developments:

  • Equitable remedies – what are they and when should you seek them?

  • Creating interest in land through oral representations – the role of equity

  • Remedies relevant to wills and estates:

    • Constructive trust

    • Removal of fiduciary

    • Account of profits

  • Using equitable remedies in estate disputes – constructive trusts and estoppel

  • Unjust enrichment, restitution and the establishment of a constructive trust

  • Equitable proprietary claims as an alternative to family provision claims

  • Remedy – enforcement of promise or equitable compensation

  • Reasons why equitable relief may be refused


Session 3: Undue Influence – Coercion in Wills

This session focuses on the law of undue influence applied to will making. It is designed to assist practitioners who may seek to challenge a will on behalf of a client alleging undue influence:

  • How relevant is testamentary undue influence?
  • What are the legal principles, including with proof and evidence?
  • How are the principles applied, by reference to some recent cases?
  • What are the common themes that can be derived from recent cases?
  • What do the courts tell us about best practice when preparing wills and other estate planning documents?
  • What further risk factors can be identified from the cases?
  • What are the possible reforms that may be made?
  • Is there anything different when we look at the principle relating to severance and the determination of informal wills?
 THE FACULTY

Robert Monahan, Principal, Monahan Estate Planning, Sydney (Chairman)

Lindsay Ellison SC, Wardell Chambers, Sydney

Scott Whitla, Partner, McCullough Robertson, Brisbane

Darryl Browne, Principal, Browne Linkenbagh Legal Services, Leura, NSW

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CPD CERTIFICATE

Registered delegates will receive a CPD certificate for attendance at this online conference – 3 CPD units/points (substantive law).

EARLY BIRD REGISTRATION OFFER

If you register and pay by Friday 9 February 2018 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

 ENQUIRIES/ASSISTANCE
If you need assistance or have an enquiry, please do not hesitate to contact our Online Coordinator, Lisa Tran on (03) 8601 7709 or email: lisa@tved.net.au
Product Code: OSLMAR18
 Price:   $495.00 (Inclusive of GST)
© 2017 Television Education Network Pty Ltd. All rights reserved. The program for this conference is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.