Estate Disputes and Contested Probate
Issues covered include: taxation, trust, informal wills, superannuation death benefit
Description
In one morning catch up on emerging developments and key issues that will impact wills and estates practitioners in the litigation area. This includes contested probate of informal wills and disputes around superannuation death benefits. You shall also hear an easy to digest perspective on tax issues of deceased estate and non-estate items, family provision claims and superannuation death benefits.
Attend and earn 3 in Substantive Law
This program is based on VIC legislation
Chair: Rick Wells, Barrister, Meldrum and Hyland List; Preeminent Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
9.00am to 10.00am: Practical Taxation and Trust Issues in Estate Disputes
- Tax implications of transfers of estate assets to beneficiaries in a deceased estate context
- Family provision claims: effective use of the CGT rollover provisions
- Victorian duty implications on transfers of real estate: settlement vs court orders
- Disputes and non-estate assets
- Payment of superannuation death benefits in a tax-effective manner to settle a dispute
- Factoring in family discretionary trusts to satisfy a beneficiary’s claim: transfer of control and resettlement risk
Presented by Nathan Yii, Principal Lawyer, Nathan Yii Lawyers; Chartered Tax Advisor; SMSF Specialist Advisor; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
10.05am to 11.05am: Contested Probate of Informal Wills
- The informal will regime: the application process and the legal test
- Evidence required to prove an informal will
- Recent contested cases
Presented by Michael Labiris, Senior Lawyer, Moores; Accredited Specialist in Wills & Estates; Wills, Estates & Succession Planning Rising Star, Doyle’s Guide 2019
11.05am to 11.15am: Break
11.15am to 12.15pm: Superannuation Death Benefit Disputes
- Binding, non-binding and non-lapsing death benefit nominations
- Appealing the trustee’s discretion through Australian Financial Complaints Authority and the courts
- SMSFs and death benefit disputes
- Conflicts of interest: the Legal Personal Representative problem
- Assessing competing claims of dependants
Presented by Lizia Lim, Senior Associate; Accredited Specialist in Wills & Estates; Recommended Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019 and Jack Conway, Associate, Aitken Partners