Succession Law: Disappointed Beneficiaries, Estate Disputes and Managing the Crossfire - a live half-day online conference
conference
Wednesday 20th March 2019 – LIVE online:

Vic, NSW, Tas, ACT – 1.30 to 5pm
Qld 12.30 to 4pm
SA 1.00 to 4.30pm
NT 12noon to 3.30pm
WA 10.30 to 2pm
REGISTER NOW!
-7 DAYS
UNTIL THE EVENT
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 ABOUT THE ONLINE CONFERENCE

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 chairperson, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.
 

Session 1:  Using Alternative Dispute Resolution Strategies to Manage Estate Disputes

No testator wants their estate to end up litigated in the courts and gradually whittled down by legal costs. Can alternative dispute resolution (ADR) be the answer? This session provides advisers with ideas for ways to manage anticipated fights amongst beneficiaries and potential beneficiaries, including:

  • Understanding the role of ADR in estate planning: the differences between facilitation, mediation, early neutral evaluation and arbitration

  • Proactively managing conflicts through using an independent person to:

    • facilitate communication of testator’s wishes during lifetime

    • reduce disputes after death

  • Using family agreements and structuring business succession to allow for dispute resolution options

  • Ideas for how to use ADR in blended families, cross-generation structures and family businesses


Session 2:  The Battle Lines Are Drawn in Family Provision Claims

Family provision claims seem to be on the rise. A spate of recent high-profile cases have been making their way through the appellate courts, including all the way to the High Court. This session examines these recent decisions, the trends we are seeing and the lessons for practitioners in this dynamic area.  This presentation will cover:

  • Eligible classes of applicants – who now fits the bill? From de facto to step children

  • What factors does the court need to consider?

  • Was there a moral duty to provide?

  • Did the distribution of the estate fail to make adequate provision?

  • Was the eligible person dependent on the deceased?

  • How appellate courts deal with family provision matters

  • Challenges to findings of fact, exercise of discretion and challenges to statements of law

  • Summary dismissal claims and family provision matters

  • Recent cases


Session 3:  Equitable Remedies and Estate Litigation

Equitable remedies in estate litigation may often be a more appropriate claim than anything else.  This session looks at when these remedies may be relevant, what remedies are available, when they should be claimed and covers:

  • Equitable remedies and elements

    • Deceased induced them to believing they were provided for in the will

    • Suffered a detriment in reliance on the promise

    • What relief can the court grant?

  • Equitable estoppel – when is it appropriate to plead?

  • Constructive trusts

  • When is an equitable relief likely to be refused?

  • Recent cases

 THE FACULTY

Carolyn Sparke QC, Melbourne (Chair)

Anand Shah, Barrister, Brisbane

John Armfield, Barrister, Sydney

Justin Rizzi, Barrister, Melbourne

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 FEEDBACK FROM PREVIOUS ONLINE CONFERENCES
  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • Our team used the boardroom.  We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did.  All from the comfort of our own office.
  • The conference was well organised and the email links very useful.
CPD CERTIFICATE

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 3 CPD units/points – substantive law.

 ENQUIRIES/ASSISTANCE
If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Lisa Tran on (03) 8601 7709 or email: lisa@tved.net.au
Product Code: OSLMAR19
 Price:   $550.00 (Inclusive of GST)
© 2019 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.