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87017
Recorded Webinars

Recorded Webinar: Family Provision Claims and Non-Biological Children

The concept of a family has greatly changed over the last few generations and, further complicated by assisted reproduction technology, the issue of who is a child has become far more complex. This session will examine the availability of potential claims against an estate by a p
PRESENTED BY John Armfield Barrister - Second Floor Wentworth Chambers , Sydney

Date/Time

About the Webinar

The concept of a family has greatly changed over the last few generations and, further complicated by assisted reproduction technology, the issue of who is a child has become far more complex. This session will examine the availability of potential claims against an estate by a person who is not a child of the deceased in a traditional sense, including:

  • The basis of inheritance rights of children and their development to current family provision legislation
  • Relevant State legislation and jurisdictional requirements
  • Who is a child or family member for family provision claims?
  • An analysis of the rights of foster, adopted and step - children and grandchildren
  • Is there any difference where the step - child is within a de facto relationship?
  • What are the rights of a child to make a claim from the estate of his or her egg/sperm donor parent?
  • What factors will the court consider in determining a family provision claim in a blended family situation?
  • Proactive steps and drafting tips for will - makers in blended or unusual family situations
  • Are family agreements an option?
  • Cases including Estate of Wright [2016] NSWSC 1779; Scott - Mackenzie v Bail [2017] VSCA 108; Lowe v Lowe (No 2) [2015] NSWSC 16; Haertsch v Whiteway [2020] NSWSC 133; Re Williams; Smith v Thwaites [2017] VSC 365; Masson v Parsons [2019] HCA 21

Presented By

John Armfield
Barrister, Second Floor Wentworth Chambers Sydney, NSW

John is a Barrister practicing primarily in the area of estate and property litigation. John was admitted in 1983. He regularly appears and advises in respect of matters heard in the Equity Division of the Supreme Court with an emphasis on Probate, family provision applications, Will construction and vendor purchaser disputes.

John has also appeared in applications seeking a review of orders allowing commission to executors. He has represented clients at many mediations of these disputes and presented a number of papers at other conferences dealing with Wills and Succession 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 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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