Wills and Estates Symposium 2021
WEB213V05: Make it easy on yourself by making this your one stop shop for everything you need for your wills and estates practice this CPD year. Examine TFM applications and eligibility criteria, the latest on SMSF death benefit disputes, proving testamentary capacity, and cross border estate litigation. In the afternoon, gain insights on elder law issues, inter vivos trustee discretion, drafting for conflicts of interest in wills, and EPOAs. This industry leading annual conference is not to be missed.
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 units in Professional Skills
This program is based on VIC legislation
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Session 1
Estate Disputes
Chair: Simon Pitt, Barrister, Green’s List; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
9.00am to 9.45am Establishing Financial Need in TFM Applications
- Identifying whether the plaintiff has significant financial need
- Defining proper maintenance and support
- Recent cases on financial needs of plaintiffs
Presented by Nicholas Bird, Barrister, Howells’ List
9.45am to 10.30am Eligibility of Member of Common Household in Family Provision Claims
- What criteria must a potential applicant who seeks to rely on this category have?
- The concept of ‘co-habitation’ in the common household
- Must there be ‘dependency’ and if so, to what degree?
- Factors the court will consider in determining whether an applicant is a member of the common household
- Some recent cases
Presented by Elefteria (Teri) Konstantinou, Barrister and Mediator, Green’s List; Recommended Wills & Estates Litigation Barrister, Doyle’s Guide 2020
10.30am to 10.45am Morning Tea
10.45am to 11.45am SMSF Death Benefit Disputes
- Who can death benefits be paid to?
- Exercise of discretion in the absence of a binding death benefit nomination: the good, the bad and the ugly
- Discretion to be exercised in good faith following the Marsella decisions
- Binding death benefit nominations, what to look out for
- Discretionary distributions and conflicts of interest
Presented by Nathan Yii, Principal Lawyer, Nathan Yii Lawyers; SMSF Specialist Advisor; Preeminent Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
11.45am to 12.30pm Testamentary Capacity: Evidentiary Burdens
- Developing a consistent and high-quality process to assess capacity: How far should you go?
- Case studies showing how the court resolves conflicts of evidence
- The importance of high-quality solicitor’s evidence to dispel doubt
- How to best use processes to compel production of evidence
- Some recent key cases
Presented by Christian Teese, Special Counsel, Rigby Cooke Lawyers
12.30pm to 1.15pm Cross Border Estate Litigation: How to Deal with Estates Over Multiple Jurisdictions
- Lex situs and lex domicil: How does it affect the validity of proceedings?
- What is required when assets are located in different jurisdictions?
- Family provision applications with ex-Victorian connections
- Contested probates and difficulties arising from the validity of Wills
- Cross-vesting Acts and their application throughout Australia
Presented by James Daly, Senior Associate, Contested Estates, Armstrong Legal; Accredited Specialist in Wills & Estate Law; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
Session 2
Estate Planning and Administration
Chair: Rachael Grabovic, Partner, Rigby Cooke Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
2.00pm to 3.00pm Powers of Attorney and Elder Financial Abuse
- Solicitor’s obligations when taking estate planning instructions from elderly clients
- Enduring Powers of Attorney: duties and breach
- Receipt of ‘gifts’: the Powers of Attorney Act, unconscionable conduct, undue influence
- Examples of ‘elder abuse’ in recent VCAT Guardianship List matters
- Registration of Enduring Powers of Attorney & the Law Reform Commission’s recommendation for a national register
Presented by Jessica Latimer, Special Counsel, Moores
3.00pm to 4.00pm Estate Planning and Inter Vivos Trustee Discretion
- Trustee discretion: Are there any checks and balances?
- Instructions to secure and general strategies to consider
- Bespoke will clauses: succession of trust control and adjustment clauses
- Bespoke trust clauses and resettlement dangers
- Family trusts vs SMSFs
- Recent decisions
Presented by Greg Russo, Solicitor, Featherby’s Lawyers; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Drafting for Conflicts of Interest in Wills and Enduring Powers of Attorney
- Fiduciary duties of executors, administrators and attorneys
- Executor conflicts: self-dealing & valuations
- Superannuation death benefits and LPRs
- Conflict transactions under the Powers of Attorney Act
- Drafting special conditions in EPOAs
Presented by Daniel Black, Principal Lawyer and Jack Conway, Associate, Aitken Partners
Presenters
Simon Pitt, Barrister, Green’s List
Simon joined the bar in 2003. He has built a general commercial trial-based practice and is particularly interested in matters involving the Corporations Act, equity, trusts and Wills & Estates. Simon regularly appears (alone and as junior counsel) for clients in all Victorian courts, appellate courts and tribunals in his stated practice areas. Simon has also appeared in several interstate jurisdictions and the High Court of Australia. Simon also accepts briefs to advice in all his stated practice areas. Simon has developed a keen interest in lecturing and teaching. He has lectured Contract Law at RMIT Business School.
Nicholas Bird, Barrister, Howells’ List
Nicholas came to the Bar in 2019 and has acted in a broad range of commercial and public law matters. He has experience in disputes involving property law, trade practices, consumer law and Testator's Family Maintenance (TFM). Nicholas is a contributing author for Victorian Courts, a loose leaf publication by Thomson Reuters on civil procedure issues. He is a member of the Victorian Bar New Barristers' Committee and also the Library Committee.
Elefteria (Teri) Konstantinou, Barrister and Mediator, Green’s List
Teri was called to the Bar in 2002. She practices in all State and Federal jurisdictions, in wills and probate litigation and estate planning. Counsel is quite experienced in Part IV claims. She gives advice to estates where an approval of compromise is sought by reason of there being a minor or a specially represented beneficiary due to disability. She is experienced in applications seeking to remove executors, applications to revoke probate and to rectify a will. Teri has an established practice in advising trustees of trusts and beneficiaries wanting access to trust documents. She is a nationally recognised mediator.
Nathan Yii, Principal Lawyer, Nathan Yii Lawyers
Nathan works with accountants, financial planners and other lawyers to achieve their clients structuring and estate planning objectives, factoring in taxation, asset protection, SMSF compliance and dispute prevention. He consults to family businesses and family offices of high net worth individuals around Australia. Nathan also acts for clients in trusts, estates and SMSF dispute matters in the hope of resolving matters in a tax effective manner as he is a Chartered Tax Advisor. He is an adjunct lecturer and advisory committee board member for the Estate Planning Practice Specialisation in the Master of Laws program at the College of Law.
Christian Teese, Special Counsel, Rigby Cooke Lawyers
Christian has over 10 years of specialised practice experience in wills, estates, trusts litigation and automotive. He acts for administrators and trustees in relation to estate and trust administration issues, as well as for claimants pursuing claims in relation to a diverse range of wills, estates and trusts issues. He also has particular experience advising not-for-profit entities.
James Daly, Senior Associate, Contested Estates, Armstrong Legal
James holds a Masters of Applied Law majoring in Wills and Estates from the College of Law as well as a double undergraduate degree from Victoria University in Business and Law. He moved to Brisbane from Victoria in late 2020. James works only in Wills and Estates matters, with a particular focus in Wills and Estates Litigation. He has acted for clients in both family provision and will validity claims, and can also assist clients with proceedings for the interpretation of will clauses.
Rachael Grabovic, Partner, Rigby Cooke Lawyers
Rachael's experience covers all areas of wills and estates, including: drafting and advising on wills ranging from simple to complex (including those incorporating testamentary discretionary trusts); preparing various powers of attorney, including general, specific enduring (financial), enduring (medical treatment) and appointment of enduring guardian; reviewing trust and company documents as part of the estate planning process and preparing appropriate documentation such as deeds of variation and statements of wishes; reviewing superannuation trust deeds and advising on death benefits; obtaining simple and complex grants of representation including probate.
Greg Russo, Solicitor, Featherby’s Lawyers
Greg Russo is a partner at Featherbys Barristers and Solicitors. He is a LIV Wills and Estates Accredited Specialist, a Member of the LIV Specialist Accreditation Education Advisory Committee and the LIV Wills and Estates Advisory Committee. In the last few years he has organised, chaired, moderated and presented at a number of LIV events, mainly in the area of Wills and Estates.
Daniel Black, Principal Lawyer, Aitken Partners
Daniel has experience assisting clients with drafting simple and complex Wills (including testamentary trusts, superannuation proceeds trusts, Special Disability Trusts and Capital Reserved Trusts), drafting Enduring Powers of Attorney, appointment of medical treatment decision maker(s), and Binding Death Benefit Nominations and/or Agreements. Complex estate and farm succession planning including the use of partnerships, companies, and trusts.
Applications for Grant of Probate and Letters of Administration, administration of deceased estates, and deeds of family arrangement. Probate caveats and estate litigation including Testator’s Family Maintenance claims (Part IV claims) and equitable claims. Applications to VCAT for Guardianship and/or administration orders, and reassessments of orders.
Jack Conway, Associate, Aitken Partners
Jack Conway is an associate in the Aitken Partners’ Wills & Estates team. Jack understands that dealing with death is something that most people are keen to avoid, but in his experience a conversation about death is really a conversation about the most important things in life: looking after your family, and leaving a positive legacy. Whether planning a person’s affairs or acting in a dispute, Jack is focused on giving clear, simple advice and achieving a fair and practical outcome for his clients.