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Session 13.3: Potential claims against your estate - doing something about it while you can

With Therese Catanzariti, 13 Wentworth Selborne Chambers

All Australian jurisdictions permit claims against an estate that can in some circumstances result in the rewriting of the will at the cost of the estate.

This is an increasing area of litigation with such high-profile matters involving the estates of Richard Pratt, Reg Grundy, John Hemmes and Bob Hawke.

A good estate plan should include a risk assessment of potential claims and measures to minimise their impact.

This session includes:

  •  Identification of the potential claimants, actual claimants, and unknown or hidden claimants.
  •  The spectre of “Notional Estate”.
  •  The consequences of providing “financial assistance” at any time .
  •  The importance of DNA testing as an evidentiary matter.
  •  Getting the full story from clients, not just the sanitised version.
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