Mastering Wills and Estates: Practice Updates and Program Insights

Adeline Schiralli, Consulting Principal at Keypoint Law (NSW), is a master of Wills and Estates law. Literally. Adeline traces her journey to specialisation, highlighting the College of Law’s LLM as a crucial step to accreditation.

Navigating the legal world requires a sharp mind and empathy – especially in matters of succession law. Krystal Bellamy, a Special Counsel at HopgoodGanim Lawyers and College of Law LLM graduate, naturally embodies these traits, which have served her well as a Wills and Estates lawyer. Krystal shares the key to thriving in what some would consider a ‘morbid’ field.

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

In this webinar, three Accredited Specialists in Wills and Estates, Max Williams, Natalie Silvester, and Rachael Hocking, will provide key updates on wills and estates law across NSW, Victoria, and Queensland. They will share their experiences and motivations for pursuing specialisation, and explore how the College of Law’s postgraduate program can help advance your career and education in this field.

What does it take to become one of the country’s top-performing specialist lawyers? 

According to Craig Gregson – who consistently snags a spot in Doyle’s Guide for his work in Wills and Estates – a healthy dose of ambition is key. And so is plenty of quality education. 

Max recounts his path to discovering his passion in Wills and Estates – and how the College of Law helped him along the way.

Download the Wills and Estates Postgraduate Programs Course Guide and discover how our program can equip you with the knowledge and skills to navigate the complex world of estate planning, probate, and elder law.

Testator’s family maintenance claims (‘TFM’) can be a tricky area of law. That’s why we caught up with barrister, mediator and College of Law adjunct lecturer, Tasman Fleming, who has conducted mediations in Wills and Estates, and in particular Testator Family Maintenance matters. In this practice update, we explore disentitling conduct, what it involves, and how lawyers can best navigate its challenges.

In this practice update, we delve into the legal grounds for removing an executor, a situation fraught with potential conflict and complexity. Barrister and adjunct lecturer at the College of Law, Tasman Ash Fleming, offers insights on the most common reasons for executor removal, from conflicts of interest to financial mismanagement. We'll explore the legal process for challenging an executor and the importance of clear evidence to secure a court order in Victoria.

In this practice update, we will explore recent judicial guidance from Jurak v Latham [2023] NSWSC 1318 regarding Notices of Claim and the role they play in family provision proceedings. Here to guide us through the case is Josephine Pignataro, Special Counsel and Accredited Specialist (Wills & Estates). 

Download the Postgraduate Programs Course Guide today and discover how our practical, hands-on approach can equip you with the skills and knowledge you need to succeed.

The Succession Act 2023, assented on 28 September 2023, makes significant reforms to South Australia’s succession laws. When it comes into effect - on a date yet to be set - it will repeal three Acts (the Administration and Probate Act 1919 (SA), the Inheritance (Family Provision) Act 1972 (SA) and the Wills Act 1936 (SA)) and amend several others that impact this area of law. We spoke with DBH Lawyers partner and Estates lawyer and College of Law Adjunct Lecturer, Megan Horsell, about what practitioners need to know about the new Act.

Download your guide to a career in wills and estates for everything you need to know about wills and estates in a nutshell, the personal strengths of a wills and estates lawyer, the core expertise of a wills and estates lawyer, related areas of expertise, and the career prospects in wills and estates law.

Learn how Sian Ogge was promoted to Senior Associate after completing an LLM in Applied Law (Wills & Estates), in which she was recently named Best Graduating Student.

David Peaston has done it all: co-owned a Perisher Valley ski lodge, expanded the family electrical manufacturing business which was then sold to a public company, serving as COO to the purchasing company. In 2008, he returned to the law, and in 2016, established his own practice focussing on wills and estates, property and commercial law.

Tasman Ash Fleming, a barrister and accredited mediator (NMAS), highlights the importance of considering what is the purpose of the order sought. This article looks at the recent decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (‘Hagendorfer’) and addresses potential risks and provides guidance for practitioners to mitigate these risks.