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Individual Podcasts

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 pe

Date/Time

About the Podcast

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

Presented By

John Armfield
Barrister, Second Floor Wentworth Chambers Sydney, NSW

John Armfield is a Barrister practicing primarily in the area of estate and property litigation. John was admitted in 1983. He regularly appears and advises in respect of matters heard in the Equity Division of the Supreme Court with an emphasis on Probate, family provision applications, Will construction and vendor purchaser disputes.

John has also appeared in applications seeking a review of orders allowing commission to executors. He has represented clients at many mediations of these disputes and presented a number of papers at other conferences dealing with Wills and Succession law.

CPD Information

0.5 CPD units

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