Estate Administration and Probate Proceedings
The Registrar of Probates will explore issues related to compliance with electronic wills and audio visually witnessed affidavits, and how to avoid them. Examine recent cases and guidelines that have reshaped the probate landscape. Explore the executor’s role and how to defend a caveat application. Take a close look at mutual wills and when and how to use and enforce them. Consider when and how to remove an executor of a deceased estate. This is a must attend for all wills & estates practitioners. WEB219V05
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Rachael Grabovic, Partner, Rigby Cooke Lawyers; Accredited Specialist in Wills and Estates; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am INSIGHTS FROM THE REGISTRAR OF PROBATES: The Court’s Experience with Electronic Wills & Audio Visually Witnessed Affidavits and Updates on Procedure for Applying for a Grant
- Issues identified with compliance with the legal requirements for audio visually witnessed wills and affidavits; what to avoid
- Applying for a grant of administration durante dementia. When is it appropriate and how is this done?
- Update on RedCrest-Probate and the use of electronic filing
Presented by Kate Price, Registrar of Probates, Supreme Court of Victoria
9.50am to 10.50am Mutual Wills: Will They Work?
- Fundamentals of mutual wills
- When and how to enforce them
- Limitations
- Interaction with family provision order claims
- Evidentiary burdens
- Equitable considerations
- Practice Pointers
Presentation prepared and presented by Christian Teese, Special Counsel, Rigby Cooke Lawyers; Paper prepared by Andrew Verspaandonk, Counsel, Green's List
10.50am to 11.05am Morning Tea
11.05am to 12.05pm To Caveat or Not to Caveat: Contested Probate Applications
- Practical steps to lodging a caveat with a step by step guide on documents, timelines and reasons
- Summary of recent case law
- Common errors with applications and how to avoid them
- Executor’s role and how to defend a caveat application
Presented by Anna Hacker, National Manager, Estate Planning, Australian Unity Trustees Limited
12.05pm to 1.05pm Removing an Executor of a Deceased Estate
- Circumstances for removing an executor by a court
- What needs to be proven before a court removes an executor
- Relevant case law
Presented by Nicholas Bird, Barrister, Howells’ List Barristers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Rachael Grabovic, Partner, Rigby Cooke Lawyers
Rachael's experience has seen her work in both private practice and within corporate Australia. Rachael worked exclusively in the Trustee Industry for over 7 years where she provided specialised legal advice on all aspects of wills and estates including; complex estate planning advice, wills, powers of attorney, charitable foundations, succession law, personal trusts, superannuation, personal wealth structuring and asset protection. Rachael's experience covers all areas of wills and estates, including: drafting and advising on wills ranging from simple to complex, preparing various powers of attorney and appointment of enduring guardian and so much more.
Kate Price, Registrar of Probates, Supreme Court of Victoria
Kate is the Registrar of Probates at the Supreme Court of Victoria, stepping into the role in 2020 after overseeing the design and development of the RedCrest-Probate online system. She has acted in various roles during her 10 years at the Supreme Court, most recently (prior to appointment as Registrar) as Deputy Registrar of the Common Law Division, managing a team of lawyers providing case management support for the non-tortious lists of the court, including the Trusts, Equity and Probate List. Kate is also a nationally accredited mediator, and co-mediates on court annexed mediations.
Christian Teese, Special Counsel, Rigby Cooke Lawyers
Christian has over 10 years of specialised practice experience in Wills, Estates, Trusts litigation and Automotive. He has significant experience acting 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 & Trusts issues. He has particular experience advising not-for-profit entities.
Anna Hacker, National Manager, Estate Planning, Australian Unity Trustees Limited
Anna manages a national legal team within Australian Unity Trustees Ltd with all aspects of succession law including corporate structures, charitable gift giving, testamentary trusts, protective trusts, special disability trusts, powers of attorney, self-managed superannuation funds and family trusts. Anna has been practising as a legal practitioner for over a decade and is an accredited specialist in the area of Wills and Estates. Prior to transitioning to the trustee company industry, she worked in private practice, focusing on the field of Elder Law, gaining experience in estate litigation and administration.
Nicholas Bird, Barrister, Howells’ List Barristers
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.