Stream 1A - Life
Wills gone wild: Drafting difficult clauses
This practical session will go over a series of difficult will clauses and identify how they could be drafted better. In particular, this session will explore:
- life interests; income and capital
- wills for different jurisdictions
- moveable and immoveable assets
- forgiveness of debts
- options to purchase.
- Presenter:
- Bryan Mitchell, Principal, Mitchells Solicitors; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Committee
- Chair:
- Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld
Stream 1B - Death
Estate litigation 101
Estate litigation comprises many different causes of action. From solemn form proceedings, family provision applications, construction and rectification applications, applications for directions, limited grants, removal of caveats, statutory wills, mutual wills, equitable estoppel claims and everything in between.
This session will work through all of the above, and more, focusing on the basic and procedural aspects of the different types of estate litigation, including:
- the elements of the various causes of action
- how to start a proceeding, what documents are required to be filed in court
- how to respond to a claim
- what matters can be heard on the Applications List v the Civil List (and how to fix it if you’re on the wrong list)
- the new Supreme Court Wills & Estate List
- how to list a matter for trial or hearing
- if you settle a matter, do you need court orders or will a deed of settlement do?
- how to go about getting a matter de-listed or discontinued.
- Presenter:
- Karen Gaston, Head of Wills & Estates, Thynne + Macartney and Accredited Specialist (Succession Law) – Qld
- Chair:
- Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
