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Recorded Webinars

Recorded Webinar: Family Provision Claims in The Age of Entitlement

Not everyone who feels hard done by in relation to the distribution of the estate is able to make a family provision claim. This session looks at eligibility for making a claim against an estate, and what evidence is required to satisfy the court, including:
PRESENTED BY Craig Birtles Barrister - Second Floor Wentworth Chambers , Sydney

Date/Time

About the Webinar

Not everyone who feels hard done by in relation to the distribution of the estate is able to make a family provision claim. This session looks at eligibility for making a claim against an estate, and what evidence is required to satisfy the court, including:

  • Who can bring a claim? Do the Australian jurisdictions differ on eligibility?
  • Partners, children, grandchildren and others - analysing the categories of eligible claimants
  • How important are fairness and moral duty? Vigolo v Bostin [2005] HCA 11; Firth v Reeves [2019] VSC 357
  • Evidence of relationships - what do the courts need to see? Re Gunn; Thomas v Gunn [2019] VSC 772; Estate of the late Shirley Joan Violet Gardner; Bernengo v Leaney [2019]NSWSC 1324
  • How is “need” proven? Looking at need, dependency and other factors: Dannawi v Dannaway [2019] NSWSC 1287; Veniou v Equity Trustees Limited [2018] VSC 832; Firth v Reeves [2019] VSC 357
  • Costs considerations: shifting the burden, proportionality and sounding a warning: Wengdal v Rawnsley [2019] NSWSC 926; Oslen v Oslen [2019] NSWSC 217; Harris v Harris [2018] NSWCA 334
  • Lessons from Joss v Joss [2020] VSC 24

Presented By

Craig Birtles
Barrister, Second Floor Wentworth Chambers Sydney, NSW

Craig was called to the Bar in May 2017. Craig is a member of the Society of Trust & Estate Practitioners (STEP) and a co-author of C Birtles and R Neal, Hutley's Australian Wills Precedents 8th Edition (LexisNexis Butterworths) 2013, 9th Edition 2016 and 10th Edition 2021.

 

Before being called to the Bar Craig was a solicitor at Teece Hodgson & Ward from 2008 – 2017 and was an Accredited Specialist in Wills & Estates Law.

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 1 CPD unit/point – substantive law .

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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