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Login to watch this video if you have a subscription. Learn more about subscriptions.In this program, Jennifer and Matthew discussed the areas of intersection between wills and estates and family law, including when family lawyers and wills and estates lawyers should be consulting one another. They also discussed important topics where cooperation is vital, including
Family Law Act elections:
• What are they?
• Process and deadlines
• Information that clients need to know to make an informed choice about whether to elect, and obligations and responsibilities for counsel for the estate and the surviving spouse
Gifts and inheritances from the family law perspective:
• The critical role of timing and form for inheritances
• How to opt out of the Family Law Act’s default treatment of excluded property to protect
what is important to your client and their family
• How and when the estate lawyer should approach conversations about domestic contracts
Trusts:
• Is an interest in a trust property from the family law perspective?
• How to treat trusts from income and property perspectives under family law
• Drafting considerations
Integrating family law contracts and the estate plan
Matt Bota is a partner in the Wills, Estates, Trusts and Charities Law and Business Law Groups at Harrison Pensa. Matt’s practice is focused on estate and succession planning for family businesses, with particular expertise in complex corporate reorganizations. Matt also regularly advises estate trustees on all estate administration matters.
Jennifer Wall is a partner and the co-practice group leader of the Family Law Group at Harrison Pensa. Jennifer’s practice includes all aspects of family law, with a particular focus on the intersection of family law with trust, corporate, and estates issues.