Recorded Webinar: Exclusion Risk and Recrimination in Estate Planning

The number of claims under family provision legislation are significant, and judgments provide an important lesson to estate planners on the impact and consequences to the estate and family relationships of disinheriting family members or reducing their shares compared to other members. This session will examine these lessons and what practitioners should be advising their clients at the estate planning phase, including:

• Who can bring a claim against an estate for insufficient provision?
• Is the exclusion or preference of family members ever warranted? A discussion of cases and claims involving:
  • estrangement
  • poor relationships
  • unequal distribution
• How far will the courts consider fairness and moral duty over relationship issues?
• What advice should practitioners be giving their clients on the impact of estate planning on family relationships?
• What strategies can be put in place to minimise the risk of successful family provision claims? When will these be considered to be unconscionable?
• How effective are trust arrangements designed to remove assets from the estate? Re Permewan [2021] QSC 151
• Can a statement of wishes assist in the defence of a claim? What information should it include? Will it be recognised or given weight by a court in a claim?
• Does the mantra “it’s my money and I can leave it to whoever I choose” have any weight anymore?
• Cases law update