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Recorded Webinars

Recorded Webinar: I have a right to know… Don't I? Beneficiary Rights and Entitlements to Information

Traditionally, there have been two schools of thought when it comes to treatment of the rights of beneficiaries by the Courts: some consider beneficiaries to have quite expansive rights, while others considers a more narrow view. Over the past 12 months, a number of decisions have

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About the Webinar

Traditionally, there have been two schools of thought when it comes to treatment of the rights of beneficiaries by the Courts: some consider beneficiaries to have quite expansive rights, while others considers a more narrow view. Over the past 12 months, a number of decisions have brought these issues to a head. This session will unpack the current legal arguments surrounding the rights and entitlements of beneficiaries to information and documents and seek to clarify how recent cases have impacted questions that arise in practice. It covers:

  • What rights do beneficiaries have to information and/or documents about the trust?
  • What documents may need to be disclosed to beneficiaries (e.g. summary of information about trust assets or complete financial statements for all entities within the trust structure?)
  • Does this now include a right to know the reasoning of the trustee in relation to distributions of discretionary family trusts? How much detail is required?
  • What steps might trustees now be expected to take to inform itself of the needs of beneficiaries?
  • Is there any corresponding obligation now on beneficiaries to disclose information about their circumstances to the trustee
  • Who pays for the access to the information or documents?
  • Lessons from 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

 

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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