This On Demand was originally recorded on 24 February 2022.

Claims under the Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949 are commonplace. They can also be complex, with some involving multiple claimants and/or defendants and both Acts. Focussing on topical issues, emerging trends and key case law, this On Demand will provide a valuable update for those working in this area of practice.

Who should view?

Litigators, Lawyers and Legal Executives working in estate law.

Learning Outcomes

• In respect of the Family Protection Act:
• gain insights into the pros and cons of claims based solely on recognition/support and/or seeking a percentage award;
• become apprised of the courts’ approach in respect of large estates and where there are grandchildren; and
• get to grips with how overseas assets, trust assets and joint assets are treated.
• In respect of the Law Reform (Testamentary Promises) Act:
• refresh your knowledge of the 12-month limitation period, and when this might be extended;
• develop your understanding of what must be proven, particularly the need to garner evidence of the value of services provided and the “netting off” requirement; and
• improve your sense of when such claims take priority over other claims.
• In respect of both FPA and TPA claims, receive guidance on how to ascertain when, and at what point, to engage in alternative dispute resolution.
• Consideration of Law Commission proposals for reform of the law.

Presenter Details

Chair

Brian Carter | Barrister

Presenter

Bill Patterson | Managing Partner, Patterson Hopkins

Presenter

Greg Kelly | Partner, Greg Kelly Law Limited