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Death and Blended Families

Home / Programmes / Death and Blended Families

Programme Thursday 19 March 2026

 
8.30am – 9.00am – Registration
 
9.00am – 9.10am – Introduction 

Greg will introduce the team, outline the structure, and provide insight into the key challenges facing blended families in the context of planning for, and navigating, the death of one or both of a couple.

Presenter: Greg Kelly
 
9.10am – 10.15am – Rimmer v Wilton

This recent Court of Appeal decision has significant implications for estate planning and administration whenever a couple has a contracting out agreement. The presenters will discuss:

  • Key tenets of the decision
  • How it affects will preparation and estate planning
  • How it could affect existing property structures where a couple has a contracting out agreement
  • How to draft contracting out agreements to clearly and effectively address death.

Presenters: Sharee Cavanaugh, Greg Kelly, Kimberly Lawrence and Colette Mackenzie

 
10.15am – 10.45am –  Morning tea
 
10.45pm – 12.00pm –  Estate planning for blended families

This session will focus on understanding will makers’ obligations, and effective estate planning to address those obligations in light of a couple’s objectives (and any contracting out agreement which might be in place). It will review recent decisions in estate cases concerning blended families, and consider the pros, cons, and litigation risk associated with:

  • Trusts
  • Joint ownership of property as a key estate planning tool
  • Making immediate provision instead of, or in conjunction with, deferred provision for children
  • Mutual wills
  • Life interests/rights to occupy.
Presenters: Sharee Cavanaugh, Greg Kelly, Kimberly Lawrence and Colette Mackenzie

 

12.00pm – 12.40pm – Estate administration for blended families

This session will consider the position of the surviving spouse or partner in a blended family, which is so often a position of conflict. It will include:

  • Conflicts of interest – for lawyers, as well as for executors/administrators
  • Recommending (and insisting on) independent legal advice
  • Enforcing contracting out agreements
  • When to recommend the appointment of an independent executor or administrator
  • Common pitfalls for lawyers in this area.

Presenters: Sharee Cavanaugh, Greg Kelly, Kimberly Lawrence and Colette Mackenzie

 
12.40pm – 12.55pm – Panel session and question time

The final session will form a practically-focused panel discussion where the themes can be explored further through questions, answers, and discussion. It will provide the opportunity to reflect on key “takeaways” to take back to your office.

Presenters: Sharee Cavanaugh, Greg Kelly, Kimberly Lawrence and Colette Mackenzie

 
12.55pm – 1.00pm – Summary

Presenter: Greg Kelly


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