Practice Areas.

My practice focuses on the law of trusts, estates and relationship property. I act in advisory and advocacy capacities, including acting alongisde other lawyers with complementary skill sets.

 

2020 Trust Reviews.

The Trusts Act 2019 is the most significant reform of trust law since 1956. Trustees need to consider their powers and duties and the terms of their trust deed in light of the new law. In particular, trustees should be made aware of new restrictions on the ability to limit their liability under the trust deed, and their duties to beneficiaries, including duties to disclose trust information.

A 2020 Trust Review is expert support for law firms on the Trusts Act 2019

  • Specialist review of trust documentation

  • Comprehensive letter of advice

  • White-labelled to your firm or as an independent advisor

  • Fixed fees 

 

Trusts.

I provide legal advice about all aspects of the law of trusts, including:

  • review of trust deeds for compliance with the Trusts Act 2019 (see 2020 Trust Reviews above)

  • review of trust documentation for validity

  • applications for trustee removal and vesting orders, and

  • resolution of disputes between trustees and beneficiaries.

I advise about the proper exercise of powers under a Trust Deed, and draft or review documentation.

I advise trustees on their duties and responsibilities under the Trust Deed and the general law, and beneficiaries as to their rights.

I appear in the High Court on trust disputes.

I draft and advise on documentation to resolve trust disputes.

I will act either on the instructions of a solicitor or, where permitted, directly for the client.

 

Estates.

I advise executors and trustees as to their duties in relation to complex estates.

I act for all parties (claimants, beneficiaries and executors) in claims against deceased estates under the Family Protection Act 1955, the Law Reform (Testamentary Promises) Act 1949, the Property (Relationship) Act 1976, and in equity.

I appear in the Family Court and High Court in estate disputes.

I act as Counsel to Assist the Court in complex estate matters.

I provide legal advice about relationship property issues in deceased estates.

 

Relationship Property.

The Property (Relationships) Act 1976 provides for the equal division of relationship property when a relationship ends due to separation or death. The equal sharing regime applies to most de facto relationships as well as marriages. It applies to same sex couples too.

In most circumstances, trust property is excluded from the equal sharing regime. However, there are exceptions to this.

It is possible to contract out of the equal sharing regime and make your own arrangements, provided that criteria are met.

I advise on most aspects of relationship property law, including:

  • contracting out of the equal sharing regime

  • separation agreements

  • relationship property rights in deceased estates

  • relationship property claims against trusts

I also advise settlors and trustees about how to structure and administer trust arrangements to minimise the likelihood of a successful relationship property claim.

I prepare expert legal opinions on claims against trusts in the relationship property context.

 

PPPR Act.

The Protection of Personal and Property Rights Act 1988 provides for adult guardianship and the management of property for people who are considered incapable to manage their own affairs. This can be due to an intellectual disability, a psychiatric condition or age-related illnesses.

Most adults can appoint an attorney under Enduring Power of Attorney documentation, to manage their affairs if they become unable to do so themselves. If no Enduring Power of Attorney documents are in place, then it may be necessary to apply to the Family Court for orders.

I advise on applications under the PPPR Act including:

  • applications for appointment as welfare guardian

  • applications for appointment as property manager

  • applicatoins for appointment as a property administrator

  • applications for personal orders

I provide legal advice to welfare guardians, administrators and property managers about their duties.

I provide independent advice to donors and attorneys under Enduring Powers of Attorney.

I represent the interests of incapacitated persons in applications made for orders about them.

 

Consultancy.

I act as an expert consultant to law firms needing support in the trusts, estates and relationship property areas. I am available to:

  • review precedents

  • review documentation

  • draft documentation

  • prepare expert legal opinions

  • advise on asset protection using trusts

  • deliver CPD Seminars on issues of trusts, estates or relationship property law.

My consultancy fees are sufficiently reasonable to enable a law firm to fully recover my fees as well as their own.

I am always happy to speak to other lawyers and provide a second opinion or a sounding board.