Disappointed Beneficiaries, Unhappy Heirs and Inheritance Wars – a recorded lunchtime online conference

Session 1: In for a Penny, in for a Pound: 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 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?
• The role of releases and waiving the right to make a family provision claim
• Recent cases

Session 2: Are Promises made to be Broken? Disappointed Beneficiaries and Estoppel Claims

In the absence of standing to bring a family provision claim, reliance on proprietary estoppel may be a potential option for those who feel let down by the representations of a will - maker about testamentary intentions. This session will examine the key elements of a successful estoppel claim and recent cases, including:

• Who is able to bring a claim of promissory estoppel?
• What evidence is required to found a claim? How can a promise be proved?
• What degree of reliance on the promise must be shown?
• Does there need to be detriment on the part of the promisee and to what extent?
• What orders will the court make?
• When will compensation be awarded rather than specific performance?
• Cases including Stone v Kramer [2021] NSWSC 1456; Harris v Harris [2021] VSCA 138; Moore v Aubusson [2020] NSWSC 1466

Session 3: Slicing Up the Leftover Pie: Treatment of Non-Estate Assets in Estate Litigation

Increasingly, estates are consisting of assets which are not included in a will, such as family trusts, superannuation and insurance benefits. These assets can be significant in value, and can form a valuable tool in managing and settling family disputes after the death of the asset holder. This session will examine strategies for slicing up the entire pie in the event of a dispute, including:

• The fate of non-estate assets following death
• Negotiation strategies for family dispute management including family agreements
• Calculating the pie and options for division
• Key players in negotiations including executor, beneficiaries and trustees
• How difficult is it to get a trustee to agree to a settlement involving movement of trust property out of a trust?
• Factoring financial imposts and consequences in settlements
• Settlement deeds – key clauses and drafting tips
• Process and administration issues to be aware of