The intersection between bankruptcy and family provision claims - Brendan Ashdown. 9 February 2023

The seminar will cover:

This seminar will examine the position that arises where a beneficiary of a deceased estate or a potential family provision claimant is or has been a bankrupt or becomes a bankrupt during the administration of a deceased estate. The seminar will look at the issues arising in three stages.

First, the standard impacts of bankruptcy upon the position of a beneficiary and the duty that falls upon both the bankrupt and executor will be discussed. Second, the competing views as to the effect of bankruptcy and the nature of the right created and the relief granted under the Family Provision Act will be identified. Third, the potential relief that may be still capable of being sought on behalf of a bankrupt through the Family Provision Act and the competing positions of creditors, via the trustee in bankruptcy, and other beneficiaries will also be considered.

About the speaker: 

In 1995 Brendan founded his own firm, later joining with a midsize City firm. From December 2001 he again practiced on his own account before joining the Bar in 2005.

Brendan practices in a range of areas with an emphasis on:

• equity and trusts (including review of trustee decisions and disputes involving superannuation funds);
• property law (including commercial lease disputes);
• banking and finance;
• bankruptcy and corporate insolvency;
• commercial law, trade practices and contractual disputes;
• family law property matters (appeals and matters involving trusts, superannuation funds, company and third party issues);
• wills, estates and contested probate matters;
• intellectual property (particularly Trade Marks and passing off);
• constitutional law; and
• choice of law (private international law).

Brendan regularly appears as counsel before all courts and various tribunals at trial and appellate level. Brendan is a Certified Trusts and Estate Practitioner (STEP).

Brendan is a member of the Mental Health Human Research Ethics Committee (North Metropolitan Health Service) and the Legal Costs Committee.

Brendan was previously a member of the Child and Adolescent Health Service Board (and the Board's Audit and Risk Committee) from 2016 to 2018, and prior to that the CAHS Governing Council from 2012. Brendan has also been a member of the Council of the Law Society of WA, the Council of the Western Australian Bar Association, a board member of the Mental Health Law Centre (WA) Inc and a member of the Football West (soccer) Grievances and Appeals Tribunal.