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 Future-proofing your Client’s Estate Plan: Minimising Risks and Potential Challenges – a live lunchtime online conference

Online Conferences,Estate planning,Future-proofing your Client’s Estate Plan: Minimising Risks and Potential Challenges – a live lunchtime online conference
Wednesday 19th October 2022
Vic, NSW, ACT, Tas: 12 noon to 2.45pm
QLD: 11am to 1.45pm
SA/NT: 11.30am to 2.15pm
WA: 9.00am to 11.45am
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Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: Promises, Promises: Equitable Remedies and the Estate Plan

An adult child has devoted much of their working life to the family business with the promise of a future inheritance, but is subsequently left out of the estate plan. Does the adage, “it’s my money and I’ll do what I want to”, still apply? This practical session focuses on the equitable remedies which might be available to attack even the most well thought-out estate plan and the potential options to help minimise the risk of such claims. It covers:

  • When will equitable relief be sought? Examining the common scenarios
  • What are the advantages of equitable relief?
  • Reasons why equitable relief may be refused
  • Proprietary estoppel and creating an interest in land through oral representations
  • The use of constructive trusts as a sword and a shield
  • Breach of fiduciary duties by trustees
  • Strategies to minimize the risks of such claims
  • Lessons from recent cases

Session 2:  Estate Planning and Family Law Overlap

Despite best intentions, the estate plan can fall apart when relationships break down and the Family Court becomes involved. This session will look at options for protecting the family assets from claims and how the Family Court deals with estate planning tools such as testamentary trusts and the role of attorneys.     Topics include:

  • The use of Binding Financial Agreements to pre-empt claims. How effective are these, when should they be used and what should be included? Can a BFA prevent a family provision claim?
  • Family and testamentary trusts – court scrutiny and court orders, assessing “effective control” and other aspects
  • Managing and structuring loans from parents to child – is Re Permewan no 2 [2022] QSC 114 relevant?
  • Separation and loss of capacity – the impact of  Fairbairn v Radecki [2022] HCA 18
  • The use of a deed of release in property settlements to prevent estate claims down track
  • Case law update

Session 3: Exclusion Risk and Recrimination in Estate Planning

The number of claims under family provision legislation are significant, and judgments provide an important lesson to estate planners on the impact and consequences to the estate and family relationships of disinheriting family members or reducing their shares compared to other members. This session will examine these lessons and what practitioners should be advising their clients at the estate planning phase, including:

  • Who can bring a claim against an estate for insufficient provision?
  • Is the exclusion or preference of family members ever warranted? A discussion of cases and claims involving:
  • Estrangement
  • Poor relationships
  • Unequal distribution
  • How far will the courts consider fairness and moral duty over relationship issues?
  • What advice should practitioners be giving their clients on the impact of family relationships on estate planning?
  • What strategies can be put in place to minimise the risk of successful family provision claims? When will these be considered to be unconscionable?
  • Can a statement of wishes assist in the defence of a claim? What information should it include? Will it be recognised or given weight by a court in a claim?
  • Cases law update

Jennifer Maher, Principal Lawyer, KCL Law, Melbourne, Vic (Chair)

Scott Whitla, Partner, McCullough Robertson Lawyers, Brisbane, Qld

Jennifer Dixon, Practice Leader, Moores, Hawthorn, Vic.

Sarah Lacey, Senior Lawyer, Moores, Hawthorn, Vic

Dean Jessep, Associate, Chamberlains Law Firm, Sydney, NSW

  • 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.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units/points (substantive law).


If you register and pay by 23 September 2022 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: hayley@tved.net.au

© Television Education Network Pty Ltd 2022

Product Code: OEPOCT22
 Price:   $550.00 (Inclusive of GST)