Level: Essential
CLE Units: 0

Speakers:
Paul Studdert, Deputy Registrar for Probate, NSW Supreme Court and
Dr Christopher Birch S.C, 8th Floor, Garfield Barwick Chambers

Aims

Paul Studdert, Deputy Registrar for Probate, NSW Supreme Court, provides an overview of the common problems faced by practitioners in Probate and Administration Applications, guiding practitioners through a typical Application for Probate, Administration or Reseal.

There is a particular focus on the following issues:

• Application for Probate - the Appointment of Executors, interested witnesses, informal wills, revocation of wills by marriage, the effect of divorce on Wills and disclosure of property;
• Administration - who is entitled to be appointed an administrator?, proof that the deceased died intestate and proof of entitlements on intestacy;
• Reseals - what is a reseal?, what foreign grants may be resealed?

Dr Christopher Birch SC, Barrister, covers challenges to a testator’s will making capacity, or applications under family provision legislation are the two most common strategies in regard to estate litigation.

He touches on some recent developments in those fields. The central focus of the paper will however be on other alternative strategies, particularly in regard to properties held through family trusts.

Matters examined include:

• Accelerating the termination of a trust.
• Challenging or removing trustees.
• The concept of oppression in regard to the operation of trusts.
• The ancillary powers provisions in FPA legislation.

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