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Interaction between family law and succession law paper


This paper outlines the approach taken by the Family Court to determine matters between couples who have separated and how this impacts on a succession lawyer’s ability to offer advice. This includes:

  • family trust distributions and beneficiary entitlements
  • beneficiary loan accounts
  • competing priorities of spouses and other beneficiaries in the Family Court after death
  • the High Court case of Bamford delivered 16 November 2012
  • the impact of binding financial agreements on family provision claims.

Author profile

Andrew Davies
Andrew Davies graduated from the University of Western Australia with a B. Juris and LLB and was subsequently admitted to the Supreme Court of Western Australia and the High Court of Australia. Andrew has been practising Family Law for over 30 years and is an accredited Family Law Specialist. He is also a nationally accredited mediator, a fellow of the International Academy of Matrimonial Lawyers, former Chair of the Family Law & Family Rights Section of LawAsia and former Chair of Australian Institute of Family Law Arbitrators and Mediators. Andrew is a Member of the Society of Trust and Estate Practitioners (STEP). - Current at 19 June 2017
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This was presented at Estate Planning Day 2013 .

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Act as an executor? A service for clients or living the nightmare?

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