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:

• 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