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 Estate Litigation: Getting the Strategy Right – a live lunchtime online conference

Online Conferences,Wills and Succession Law,Estate Litigation: Getting the Strategy Right – a live lunchtime online conference
Wednesday 8th February 2023
Vic, NSW, ACT, Tas: 12 noon to 3.15pm
QLD: 11am to 2.15pm
SA/NT: 11.30am to 2.55pm
WA: 9.00am to 12.15pm
REGISTER NOW!
10 WEEKS
UNTIL THE EVENT
.   .
 ABOUT THE 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.

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.

 THE PROGRAM

Session 1: Negotiating and Drafting Terms of Settlement in Wills and Estate Matters

Negotiating and settling wills and estate disputes require refined skills. This session looks at what these are, with practical advice on implementation. It includes:

  • Understanding the timing of negotiations and its practical effects
  • Process and procedure in disclosing financials
  • Determining the property pool
  • Having some bargaining power whilst maintaining ethics and fairness
  • Knowing when to reach the settlement middle ground
  • Construction of terms of settlement - what to put in and what to leave out
  • How to ensure terms of settlement are binding
  • Case study - a settlement agreement checklist

Session 2: Privilege, Confidentiality and Disclosure in Estate Litigation

Legal practitioners acting for a deceased estate in a dispute over a will drafted by the same practitioner continue to be the subject of judicial scrutiny. This session will examine some of the issues and developments in this challenging area, including:

  • The application and relevance of client confidentiality following death
  • Legal professional privilege and deceased estates
  • Obligations of and issues for a solicitor acting for the estate in a disputed will case as:
  • Will drafter
  • Legal adviser
  • Witness
  • When will a conflict of interest arise? Should a solicitor who drafted the will refrain from acting in a claim against the will?
  • What advice should be given to the legal personal representatives?
  • Can legal personal representatives waive the confidentiality and privilege of the deceased?
  • If and when should the will drafting file be provided to the other side? Hughes (as executor of the will of Gardiner)(dec’d) v Gardiner (No 3) [2018] VSC 414: Re Estates Brooke-Pain and Soulos [2019] NSWSC 671; Grove v Simon Dirk Kenworthy-Groen [2021] WASC 70
  • A guide for practitioners on disclosure and privilege in estate litigation.

Session 3: Making Sense of Costs in Estate Litigation

The courts are increasingly warning practitioners of the need to consider proportionality in estate litigation and their duty to clients before and during dispute initiation and management. This session will examine how costs have become a highly significant consideration in estate litigation not only for litigants but also personally for practitioners, including:

  • Who bears the costs in estate litigation?
  • Are the courts bound to follow the costs rules?
  • Judicial discretion in costs – what do the courts look at?
  • Unpacking the proportionality principle: Olsen v Olsen [2019] NSWSC 217; Harris v Harris [2018] NSWCA 334
  • Lessons for executors behaving badly: Nobarani v Mariconte (No 2) [2018] HCA 49
  • What does a practitioner need to tell a client about the risks and costs of litigation?
  • When will a practitioner be personally liable for costs?
  • Lessons in assessing reasonability and reality in the face of client pressure
  • When is it time to settle?
  • Recent cases including The Estate of Milan Zlatevski; Geroska v Zlatevski (No 2) [2020] NSWSC 388; Re Veca [2015] VSC 74; In the estate of Amuso (No 2) [2021] SASC 61; Re Howden; Howden v Rackshaw [2020] VSC 315; Trinder v Ciniglioi [2020] QSC 176
 THE FACULTY

Eleanor Coates, Barrister, Victorian Bar, Melbourne, Vic (Chair)

Christian Teese, Special Counsel, Rigby Cooke Lawyers, Melbourne, Vic

Isabel McLelland, Senior Associate, Teece Hodgson & Ward, Sydney, NSW

Louise Goodchild, Barrister, Mediator, Frederick Jordan Chambers, Sydney, NSW

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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).

EARLY BIRD REGISTRATION

If you register and pay by 16 December 2022 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 Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: hayley@tved.net.au



© Television Education Network Pty Ltd 2022

Product Code: OSLFEB23
 Price:   $385.00 (Inclusive of GST)