In terms of claims against estates, attacks can come from many fronts. With increases in house prices and Covid-19 everything is tight and often there is a lot more skin in the game to chance a “crack’. Claims are on the rise. These types of issues now comprise up to 75% of High Court Litigation. This is something you do need to be across if you work in this space.
A spouse or de facto may have a claim pursuant to the Property (Relationships) Act 1976. Aggrieved children (as well as spouses and partners) may bring Family Protection Act claims. And absolutely anyone can have a crack as long as there is a promise and services at a Testamentary Promises claims.
Part 2 of this session follows Part 1 and examines what you need to be conscious of when the first shot across the bow eventuates into a claim.
The first thing to be aware of is that (at least initially) here is a need for speed. The estate only has 21 days to file a Notice of Defence or Intention to Appear, or it otherwise you will need to file out of time (and have your excuses at the ready).
The litigation process for each type of claim will be examined through case studies. You can never 100% prevent against a claim, but the presenters will discuss hint and tips for mitigating the risks.
The session will discuss real life examples and troubleshooting. It is the must attend companion to Claims Against Estates – Advisor Obligations 2021 - Part 1.
This session will be of interest to all who practice in the Wills, Estates and Trusts area and will also suit general practitioners who need to be across advisor obligations in this space.
16 June 2021
Attendees will learn about claims against estates including:
The interplay between all these competing issues will be brought to life by discussion of real life examples.
Solicitors and Legal Executives.
Theresa Donnelly, Legal Services Manager, Perpetual Guardian
Richard Thompson, Barrister, Park Chambers
1.25 CPD Hours