Disappointed Beneficiaries, Unhappy Heirs and Inheritance Wars – a recorded lunchtime online conference
Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.
- About the Recorded Online Conference
- The Faculty
- CPD Information
- Registration Special Offer
- Enquiries/Assistance
Date/Time
About the Recorded Online Conference
Session 1: In for a Penny, in for a Pound: Family Provision Claims and Non - Biological Children
The concept of a family has greatly changed over the last few generations and, further complicated by assisted reproduction technology, the issue of who is a child has become far more complex. This session will examine the availability of potential claims against an estate by a person who is not a child of the deceased in a traditional sense, including:
- The basis of inheritance rights of children and their development to current family provision legislation
- Relevant State legislation and jurisdictional requirements
- Who is a child or family member for family provision claims?
- An analysis of the rights of foster, adopted and step - children and grandchildren
- Is there any difference where the step - child is within a de facto relationship?
- What are the rights of a child to make a claim from the estate of his or her egg/sperm donor parent?
- What factors will the court consider in determining a family provision claim in a blended family situation?
- The role of releases and waiving the right to make a family provision claim
- Recent cases
Session 2: Are Promises made to be Broken? Disappointed Beneficiaries and Estoppel Claims
In the absence of standing to bring a family provision claim, reliance on proprietary estoppel may be a potential option for those who feel let down by the representations of a will - maker about testamentary intentions. This session will examine the key elements of a successful estoppel claim and recent cases, including:
- Who is able to bring a claim of promissory estoppel?
- What evidence is required to found a claim? How can a promise be proved?
- What degree of reliance on the promise must be shown?
- Does there need to be detriment on the part of the promisee and to what extent?
- What orders will the court make?
- When will compensation be awarded rather than specific performance?
- Cases including Stone v Kramer [2021] NSWSC 1456; Harris v Harris [2021] VSCA 138; Moore v Aubusson [2020] NSWSC 1466
Session 3: Slicing Up the Leftover Pie: Treatment of Non-Estate Assets in Estate Litigation
Increasingly, estates are consisting of assets which are not included in a will, such as family trusts, superannuation and insurance benefits. These assets can be significant in value, and can form a valuable tool in managing and settling family disputes after the death of the asset holder. This session will examine strategies for slicing up the entire pie in the event of a dispute, including:
- The fate of non-estate assets following death
- Negotiation strategies for family dispute management including family agreements
- Calculating the pie and options for division
- Key players in negotiations including executor, beneficiaries and trustees
- How difficult is it to get a trustee to agree to a settlement involving movement of trust property out of a trust?
- Factoring financial imposts and consequences in settlements
- Settlement deeds – key clauses and drafting tips
- Process and administration issues to be aware of
The Faculty
Caroline Sims, Partner, Teece Hodgson & Ward, Sydney, NSW (Chair)
John Armfield, Barrister and Mediator, Wentworth Chambers, Sydney, NSW
Scott Whitla, Partner, McCullough Robertson, Brisbane, Qld
Angela Laylee, Barrister, Brisbane, Qld
CPD Information
Lawyers can claim up to 3 CPD units/points (substantive law).
WA Lawyers – Please note that TEN is unable to verify your completion of recorded online conferences to the Legal Practice Board of WA. TEN is an accredited provider.
Registration Special Offer
If you register and pay by 25 August 2023 you will pay only $385 – a saving of $165 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 Conference & Event Coordinator, Jason Hooker on (03) 8601 7719 or email: [email protected]