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Recorded Webinars

Recorded Webinar: The Costs of Contentious Probate: Who Foots the Bill?

In general litigation the rule is that costs usually follow the event. This is not always the case in contested probate matters. With a spate of recent cases, including a High Court decision, it’s never been more important for practitioners to understand cost risk and how to fact
PRESENTED BY Lindsay Ellison SC Barrister - Wardell Chambers , Sydney

Date/Time

About the Webinar

In general litigation the rule is that costs usually follow the event. This is not always the case in contested probate matters. With a spate of recent cases, including a High Court decision, it’s never been more important for practitioners to understand cost risk and how to factor it into your decision-making. This session covers:

  • When might costs not be paid from the estate?

  • Requiring the claimant to prove the will and its cost consequences

  • Circumstances where a court will not make a cost order against the defendant

  • Using cost rules tactically and their associated risks

  • Costs orders associated with lodging caveats and related matters

  • The benefits of executors being cooperative even towards those contesting a will

  • The importance of disclosing supporting evidence as soon as possible

  • Use of offers of compromise and cost consequences

  • Use of Calderbank offers and their cost consequences

  • Costs associated with applications for rectification

  • Case update, including Nobarani v Mariconte [No.] [2018] HCA 49, Epov v Epov [2018] NSWSC

Presented By

Lindsay Ellison SC
Barrister, Wardell Chambers Sydney, NSW

After a short and uneventful career as a suburban solicitor, Lindsay was called to the Bar in 1985. He became a Senior Counsel in 2005. He practises principally in Equity and Probate and has appeared in many leading NSW Wills and Estates cases. He frequently lectures barristers and solicitors, and occasionally Judges, on aspects of law and practice. He is an accredited Mediator under the Australian Mediation Accreditation System.

In 2015, Doyle’s Guide listed Lindsay as a leading Senior Counsel in NSW Wills and Estates litigation. In 2016, he became pre-eminent. He is not sure why. In 2017, 2018 and 2019 that status was continued. In 2020, 2021 and 2022, he is the Market Leader.

In May 2016, he delivered the Sir Ninian Stephen Lecture for Equity Trustees Limited.

Lindsay is a former Secretary-General and later Vice President of the Australian Academy of Forensic Sciences, and a longtime member of the Australian Skeptics, the Samuel Griffith Society, the Sydney Institute, the Centre for Independent Studies, and the Goon Show Preservation Society.

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.

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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