When the Gloves Come Off in Estate Disputes – One day online Masterclass

This is a national event and is suitable for succession lawyers Australia wide.

Part 1: Challenges to the Estate

• Weighing Up the Evidence in Capacity Challenges - A challenge to testamentary capacity often places the professionalism of the drafting practitioner in the spotlight, and can be reputationally damaging. This session discusses how the weight of evidence is changing from medical expertise to more general lay observations, and what practitioners can do to protect themselves from challenges.

• The Age of Entitlement: Eligibility for Family Provision Claims - Not everyone who feels hard done by in relation to the distribution of the estate is able to make a claim for a slice of the pie. This session looks at eligibility for making a claim against an estate, and what evidence is required to satisfy the court.

• Equitable Remedies and Estate Litigation - Equitable remedies in estate litigation may often be a more appropriate claim or be pleaded in conjunction with other claims as alternate relief. This session considers when these remedies may be relevant, what remedies are available and when they should be claimed.

Part 2: Strategy and Procedure in Estate Litigation

• Obtaining Judicial Advice in Wills and Estate Matters - When things turn ugly, a prudent executor or trustee should consider whether to seek judicial advice to reduce the risk of claims against them. The session looks at the issues in obtaining judicial advice in wills and estate matters and how it can be used as a risk management tool.

• Will Caveats: Proceed with Caution - Probate caveats are a useful tool to prevent the grant of probate. However, filing a caveat should not be done lightly and could result in significant costs if filed in the wrong circumstances or without proper grounds. This session will provide a guide to the lodging of a caveat and what practitioners need to be aware of.

• Being on the Front Foot: Drafting Settlement Deeds following Estate Litigation - Deals done at the courtroom door or following mediation are a common ending to protracted disputes. The preparation of a settlement deed or checklist in advance means you can take control of the negotiations with your own document, ensuring a quick resolution with all the bases covered. This session will set out the key elements of settlement arrangements in the estate litigation context.