Recorded Webinar: The Role Equitable Remedies Play in Compromising the Estate Plan


3rd April 2019

Duration:  approx. 1.5 hours

Equitable remedies can unravel carefully constructed estate plans and understanding how equitable remedies apply from the get-go may affect structuring decisions. This session reviews the more common types of equitable remedies that may be relied upon to challenge an estate plan and how best to bullet proof the estate from attack, including:

  • Equitable claims - how might they arise to challenge the estate plan?

  • Showing duress in the development of the estate plan

  • When will unconscionable conduct be found?

  • Implications of and proprietary estoppel and the consequent constructive trust on the estate plan

  • Strategies when the risk of equitable remedies arises - how can the risks be managed to protect the estate plan from attack

  • Case study - what happens if a younger family member relies on representations as to the estate in the provision of services to the family business?

Our presenter

Scott Whitla, Partner, McCullough Robertson, Brisbane

As an accredited specialist in succession law, Scott specialises in all aspects of succession planning, estate administration and estate and trust litigation.  He manages the firm’s Equity and Private Client team, having been made a Partner in 2009. His clients include high-net worth individuals, accountants, financial advisers and other legal firms and their clients.

Scott assists clients to find effective succession planning solutions which protect and preserve assets for the intended beneficiaries, while also minimising the taxation and stamp duty implications which might otherwise arise.  He is a leading lawyer in the area of preparing, interpreting and contesting wills, administering deceased estates and applications to the Queensland Civil and Administrative Tribunal.

Scott also assists clients with estate administration and estate litigation.  In addition to his substantial experience in these areas, Scott is also an expert on guardianship and administration issues, including matters involving questions of capacity, and the validity of transactions and decisions made under enduring powers of attorney.

Scott is a regular speaker for the Queensland Law Society, Television Education Network and the Taxation Institute of Australia.  He is also a qualified mediator.


This webinar is suitable for lawyers throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:
Product Code: WBCAPR19
 Price:  $264.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.