Estate Administration and Probate Proceedings
Issues covered include: probate procedure update, service in probate, recent probate decisions, executive dies, executive loses capacity, testamentary capacity, evidence of capacity, ususal probate applications, lost wills, recification of will, grants, tax in deceased estate, capital gains tax in estate, trusts and companies in wills, assets
Description
Examine recent cases and guidelines that have reshaped the probate landscape. The Senior Registrar of Probate will explore probate procedure, including informal documents and special administration. Analyse unusual and difficult probate applications including lost wills, rectification of wills, limited grants and revocation of grants. Consider difficult taxation of deceased estates. And finally, delve into dealing with trusts and companies in wills. Master each of these areas with detailed guidance from the major players in the field.
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair and Commentary: Louise Brown, Senior Policy Officer, Legal, NSW Trustee and Guardian
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Probate Procedure: Insights from a Senior Deputy Registrar
- Disclosure statement
- Service of notices in probate proceedings
- Copy will
- Informal documents
- Body of the ‘deceased’ cannot be found
- An administration bond
- Special administration (interim grant)
- Executor dies (or loses capacity) before completing administration
- What happens after an order is made in contested proceedings
Presenter by Irina Hoskinson, Senior Deputy Registrar, Supreme Court of New South Wales
9.55am to 10.40am: Case Alert: Critical New Probate Decisions
Review recent probate cases, consider their significance, and explore the practical takeaways that will impact your clients and your practice.
- The extent to which delusions may affect testamentary capacity: Croft v Sanders [2019]
- Testator’s knowledge and approval: Mekhail v Hana [2019]
- Evidence in testamentary capacity cases: Drivas v Jakopovic [2019]
- How to obtain access to the solicitor’s will instruction file and the subsequent Probate List Guidelines: Re Estates Brooker-Pain and Soulos [2019]
Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist in Wills & Estates; Leading Wills & Estate Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
10.40am to 10.50am Morning Tea
10.50am to 11.35am: Complex Probate Applications and Unusual Beneficiaries
- Identifying the correct form of grant to be sought, what you need to prove, and the evidence you’ll need
- Limited grants of administration and unusual probate applications
- Rules, forms and procedures: complex applications for letters of administration
- Grants during minority, incapacity or the absence of the executor or administrator
- Grants to complete administration; grants pendente lite
- Informal testamentary documents; missing wills; attorney grants
Presented by Katelin Whitley, Consultant, Bestic Law; Accredited Wills and Estates Specialist; Recommended Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
11.40am to 12.25pm: Taxation of Deceased Estates
- Income tax issues in deceased estates
- Present entitlement of beneficiaries
- Capital gains tax issues in deceased estates
- Application of main residence exemption
- Gifts to charities and non-resident beneficiaries
Presented by Sam Ayoubi, Director, KPMG Tax
12.30pm to 1.15pm: Dealing with Companies and Trusts in Estates Administration
- Dealing with trusts and companies in wills
- Determining who is to have control and ownership of assets
- Others aspects
Presented by Mark Squire, Special Counsel, Atkinson Vinden Lawyers
1.15pm to 1.25pm Final Q&A and Closing Comments by the Chair