Latest developments in wills and estates
Tuesday 7 February 2017
The College of Law City
|CPD||6 CPD units|
Chair: Adeline Schiralli, Solicitor, Willis & Bowring
9.00am – 10.00am
Managing risk in a wills practice
Speaker: Jennifer McMillan, Lawcover
10.00am – 11.00am
Planning for the future – Drafting tips for wills and incapacity documents
Speaker: Adeline Schiralli, Solicitor, Willis & Bowring
11.00am – 11.15am Morning tea
11.15am – 12.15pm
Confidentiality and privilege attaching to will instructions
Speaker: Craig Birtles, Senior Associate, Teece, Hodgson & Ward
12.15pm – 1.15pm Lunch
1.15pm – 2.15pm
How to get from filing to mediation
Speaker: Kim Morrissey, Barrister, William Deane Chambers
2.15pm – 3.15pm|
Family provision claims
Speaker: Greg Waugh, Barrister, 12 Wentworth Selborne Chambers
3.15pm – 3.30pm Afternoon tea
3.30pm – 4.30pm
Speaker: Justin Brown, Barrister, 13 Wentworth Selborne Chambers
Adeline Schiralli is a passionate Estate Planning and Elder Law Solicitor who has been practicing solely in this area since her admission to practice in 2007. Adeline is currently an Associate at Willis & Bowring Solicitors in Miranda, where she began her law career as a Law Clerk in her final year of her undergraduate degree and is now considered to be one of the leading solicitors practicing in this area of law in the Sutherland Shire. Adeline has undertaken further studies since her admission and is currently completing her final subject in the Master of Law (Applied Law) program through the College of Law, majoring in Wills & Estates. Adeline is a member of the St-George-Sutherland Regional Law Society Committee and co-chairs the St-George-Sutherland Regional Law Society’s Succession Law Sub-Committee. Adeline is also a director on the board of Thomas Holt, a local not-for-profit organisation that operates predominantly in the area of aged care and retirement villages.
Jen McMillan was admitted to practice in New South Wales in 1989 and in Western Australia in 1992. She is a Law Society of NSW accredited specialist in wills and estates and has extensive experience in this area in private practice and with a trustee company and as the Practice Leader – Wills and Estates in the College of Law’s LLM (Applied Law) program. Jen is a member of the NSW Law Society Elder Law and Succession Committee and a member of the Society of Trust and Estate Practitioners. Jen is a Legal Practice Consultant with Lawcover and is also a part-time Senior Member (Legal) in the Guardianship Division of the NSW Civil and Administrative Tribunal.
Craig is a Senior Associate at Teece, Hodgson & Ward working predominantly in Estate Litigation. Craig was admitted to practice as a solicitor in 2008.
Craig regularly appears in and instructs Counsel in contested Probate proceedings, Family Provision proceedings, proceedings concerning informal testamentary documents, will construction, judicial advice and trust proceedings in the Supreme Court of NSW. Many of Craig’s matters involve a combination of two or more of these issues.
Craig also appears and advises at the Guardianship Tribunal of NSW in financial management and guardianship matters.
Craig is a co-author of C Birtles and R Neal, Hutley’s Australian Wills Precedents 8th Edition (LexisNexis Butterworths) 2013 and R Neal and C Birtles, Partnerships & Firms in Court Forms Precedents & Pleadings New South Wales (LexisNexis Butterworths).
Kim is a graduate in Arts and Law of the Australian National University, Canberra.
Kim was first admitted as a barrister and solicitor of the Supreme Court of the ACT in 1974 and as a solicitor of the Supreme Court of NSW in 1974, and of the Supreme Court of the Northern Territory in 1988.
Kim practised as a litigation solicitor in partnership in Sydney (1978 - 1985) before commencing at the Sydney Bar in 1985. Since admission as a barrister he has developed a wide practice, which includes Wills and Probate (including contesting a will and Family Provision Act claims) , Equity and Trusts, Commercial Law (including contractual disputes and business disputes).
Kim has acted for clients who reside outside of N.S.W., in other states and territories of Australia, and overseas, either "ex-pats", or permanent residents of an overseas country who are involved in a matter in a court in New South Wales.
Kim has served as a member of a Professional Conduct Committee of the NSW Bar Association and an occasional instructor with the Readers' Program of the NSW Bar Association. Kim has been an arbitrator since 1983 and a mediator since 1985.
Kim delivers lectures to solicitors and other barristers as part of their professional requirements to have ongoing legal education.
Kim has also published and presented a number of papers relating to litigation skills to legal practitioners in N.S.W. and the A.C.T.
Greg has a general equity and commercial practice, with a particular emphasis on contracts, property law, trusts, wills and deceased estates. He has been a barrister since 1990. He has extensive experience as an advocate presenting cases for clients in a wide variety of courts and tribunals. In recent years the focus of his work has been more on equity and commercial cases, particularly ones concerning contracts, property law, trusts, wills and deceased estates in the Equity Division of the Supreme Court of NSW. In the area of property law he has experience advising and appearing for clients in relation to disputes about rights of way and easements, leases, mortgages, caveats, contracts for sale, Crown land, constructive trusts, resulting trusts, unconscionable conduct, and estoppel. In the area of deceased estates he has experience in advising and appearing for clients in cases concerning the construction and validity of wills, testamentary capacity and family provision claims.
Justin Brown was called to the Bar 2013 and is also a lecturer in succession law at the University of Sydney and has been a guest lecturer in the courses offered by the College of Law in the Master of Applied Law (Wills and Estates). His main areas of practice are administrative law, commercial law, equity and trusts, real property law and wills and probate (including succession and family provision).
Justin holds a Master of Applied Law (Wills and Estates), College of Law and a Bachelor of Laws, University of Western Sydney
Before going to the Bar he was a solicitor with Owen Hodge Lawyers.
- King v Hudson  NSWSC 1013: An application seeking probate of an informal document under section 18A of the Wills, Probate and Administration Act 1898 (NSW). The defendants alleged that the testator lacked testamentary capacity
- Clines v Johnston & Anor  NSWSC 524: The plaintiff sought declarations for probate where the will could not be found
- Lockrey v Ferris  NSWSC 179: A case involving the construction and rectification of a will
- Hadfield v Hadfield  NSWSC 561: An out of time Family Provision Act 1982 (NSW) claim
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