Trouble and Strife in the Testamentary World: Managing Estate Disputes – Recorded Online Conference

Our annual 2-day wills and estates conferences are among the most highly regarded professional development events we run, but we realise that not everyone can spare two days out of the office. So we’re offering you a new way to access the experts online – a half-day online conference, focused on managing estate dispute.

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion.

Session 1: When Executors Cause Problems – And What to do About it

Executors who misbehave or are in dispute with beneficiaries are a major headache. Understanding what practitioners should do in either situation is the subject of this session and includes:

• The obligation of an executor to act with care and skill
• General obligations and their observance:
  • no self dealing
  • ‘even hand’ principle
  • keeping and passing accounts
• Executors and conflicts of interest
• Executor mistakes and how to avoid them:
  • failing to comply with legal notices
  • not following terms of the will
  • not meeting tax obligations
  • When can an executor have personal liability for their actions?
  • misappropriation
  • taxes
  • problems in distribution
• The executor makes a family provision claim – what happens next?
• The action to hold to account – when should this be used?
• The action to remove an executor – when should this be used?

Session 2: Family Provision Claims in a Post-Lodin Landscape

Recent case law has created some anomalies in family provision matters, particularly Lodin v Lodin. With the challenge reaching all the way to the High Court, it’s never been more important to understand to understand the current position and how should you respond to recent changes. This session includes:

• Unusual family provision outcomes - Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC
• Could it happen anywhere else but NSW?
• State of play with the High Court appeal
• The rights of former spouses and family provisions – how should we advise our clients post Lodin?
• Who is likely to come out of the woodwork in a blended family scenario? Step-children, former spouses and others
• Illegitimate children – Mead v Lemon
• The ex who returns to care for the former spouse prior to death
• Is there a test for ex-spouses making family provision claims?
• Obtaining a release of rights to prevent future claims
• Recent case law trends involving blended families

Session 3: The Long Arm of the NSW Notional Estate Rules: Why Lawyers in all States Need to Understand Them

This session looks at notional estates and when they need to be considered. While we often think this topic is only relevant to NSW practitioners, it is becoming more common for Australians to hold their assets in multiple places and therefore, more of a reason for practitioners nation-wide to be aware of the operation of the notional estate rules. We will look at:

• When can a notional estate order be made?
  • transfer requirements
  • disadvantage requirement
  • time limits
  • other considerations
• When in practice do courts make notional estate orders?
• How is super impacted by notional estate orders?
• Joint tenancy and application of the notional estate rules
• Gifts made prior to death and notional estate rules
• Operation of mutual wills and notional estate orders
• Notional estates, family companies and lessons from Hitchcock v Pratt