Areas of Expertise

Philip supports clients through the estate planning process, from strategic advice about protecting assets and avoiding disputes through to the practicalities of making a will, setting up powers of attorney and appointing a guardian. He also acts for executors and family members in probate and complex administration applications to the Supreme Court.

Philip’s experience working for trustee companies has given him a deep knowledge of the requirements of an independent statutory trustee, as well as a practical understanding of how they operate. Philip also provides expert advice for elderly clients and their families on issues of capacity, fraud and undue influence.

Philip has acted in Supreme Court applications including for family provision, where lack of testamentary capacity is claimed, and where there is a home-drawn will.

 

Qualifications/Memberships

  • Bachelor of Laws (Macquarie University)

  • Masters of Law (Applied Law), Wills and Estates (The College of Law)

  • Notarial Practice Course (The College of Law)

  • Diploma of Financial Planning (Deakin University)

  • Member of the Law Society of NSW

  • Member of Society of Trust and Estate Practitioners (STEP)

  • Member of Society of Notaries of New South Wales Inc

 

A word from Philip

“Whether a simple will or a complex litigated estate, I always like to know that I have done everything possible to get the best outcome for the client.”

Career highlights

  • Negotiating a good settlement for a client in a family provision claim. This included acting for a charity in matter where our client was named the sole beneficiary and the NSW Trustee & Guardian was executor.

  • Getting the grant of probate or letters of administration – particularly in complex cases where the executors have died or lost capacity, the original will has been lost, or there has been a dispute about who is entitled to the grant.

  • Successfully winding up two related estates and their private company when the deceased had lost capacity before he died, his own affairs had been neglected, there were assets overseas, and he had never finalised his late wife’s affairs.

  • Negotiating the settlement of a family provision claim for a person who was vulnerable due to mental health issues. We negotiated a reasonable sum which allowed our client to live independently, while his money was managed by the NSW Trustee & Guardian.

  • Acting for the National Heart Foundation of Australia (NSW Division) to defend its entitlement in estates that are subject to family provision claims, and to claim its entitlements where executors have been slow or negligent in administering an estate.

  • Defending a family provision claim for a pensioner client. We settled the matter so that the client had sufficient money to buy a new residence in her preferred area.

  • Acting in a next-of-kin inquiry for an intestate estate. We obtained judgment so that the entire amount was paid to our client and his disabled brother.

 

Specific areas of focus

  • Estate planning, from pre-death planning through to the final winding up of a deceased estate.

  • Making a will (including simple and complex wills), powers of attorney and appointments of an enduring guardian.

  • Probate, intestacy and resealing of foreign grants (including complex applications).

  • Family provision and contested estate litigation.

  • Applications to the Guardianship Division of the NSW Civil and Administrative Tribunal.

  • Advising the not-for-profit sector.