About the event

1. Family Provision Claims by Spouses and Defactos

In determining what constitutes proper and adequate provision for any family provision applicant, the concept of “community expectations” plays a significant role, and spouse claims are no different.

This seminar looks at the fluid nature of “community expectations” and draws attention to the difficulties which can arise as a consequence of the subjective nature of the concept. It will also:

• examine cases spanning a period of 30 years in an effort to identify how (or the extent to which) the community’s expectations of what represents proper and adequate testamentary provision for a spouse (or de facto spouse) has changed over the years and where we are at today.
• provide a summary of key factors that may influence the exercise of the Court’s discretion in the context of spouse claims
• provide some practical tips for those at the coal face who are regularly called on to advise prospective claimants on the merits (or otherwise) of commencing proceedings.

2. Quantification of Family Provision Claims in Blended Families:  A comparative law approach
This seminar will consider:

• The standing of stepchildren in FPA claims.
• The difficulty in identifying the asset pool: What part of the estate should the FPA order be made?
  • The partitioning approach
  • The treatment of financial and non-financial contributions.
• Examples of provision for step children in Australia.

3. Family Provision claims and equitable remedies

Level: General