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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
PRESENTED BY John Armfield Barrister - Second Floor Wentworth Chambers , Sydney

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

 

Admitted to the Bar in 1983 and an accredited mediator with the NSW Bar Association, John is an expert in family provision and estate litigation. A regular legal conference speaker, he has been recognised in Doyle’s Guide in 2015, 2017 – 2020, 2022 and 2023 as a Pre-eminent Leading Wills and Estates Litigation Junior Barrister.

John is a highly sought-after speaker and has appeared at many continuing legal education conferences in relation to estate litigation including family provision law, testamentary capacity, informal wills, estoppel in estate litigation and the rights of beneficiaries to obtain information in relation to the administration of trusts.

He has successfully mediated many estate disputes and enjoys the challenge of assisting parties to arrive at a quick and cost-effective resolution of their disputes.

Second Floor Wentworth Chambers

 

CPD Information

0.5 CPD units

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