For family lawyers, resolving disputes is a core aspect of practice. While negotiating the terms of an agreement may feel like the most challenging part, the real difficulty often lies in drafting the agreement itself. A well-drafted agreement must be clear, concise, and certain to ensure it brings the dispute to a final, enforceable resolution. In a busy practice, achieving this level of precision can be difficult. This session will provide family lawyers with practical strategies and insights for drafting effective agreements, covering both legal and practical considerations, including:

• A deep dive into what is required for a properly constituted agreement and the outcomes and consequences of uncertain agreements (e.g. when does uncertainty threaten the existence of a contract?
• The different options and schools of thought for agreements - e.g. narrative with disclosure/recitals vs short form), their pros, cons and the risks from both approaches
• How family law agreements have come undone in subsequent court proceedings - where exactly did they go wrong? Could this have been prevented through better drafting?
• Tips for drafting to establish/prove meeting of minds
• What should be considered in advice to clients to mitigate risk for the lawyer preparing the agreement

While testamentary freedom allows a testator to distribute their assets as they see fit, this right can be challenged when family dynamics and moral obligations come into play. This session delves into the delicate balance between a testator's freedom and the potential for family provision claims, including:

• Limits to testamentary freedom - understanding when and why a testator’s wishes may be overridden
• Identifying circumstances that may lead to a court-ordered redistribution of assets
• Identifying the classes of individuals who can make a claim
• Assessing the factors that determine whether an eligible person is wholly or partially dependent on the deceased
• Adequacy of provision - defining what constitutes proper maintenance, education, or advancement in life for an eligible claimant
• The criteria for granting extensions in family provision applications and what constitutes “sufficient cause”
• Frameworks for achieving practical, cost-effective, and timely resolutions in family provision disputes