Wills and Estates Symposium
It’s been a chaotic year so take the day to be updated on the challenges in wills & estates practice all in one day. There is a little bit of everything you need. Take a deep dive into recent Part IV cases, discretionary trusts, powers of attorney, estate administration and guardianship. Explore blended families & mutual will agreements, digital remains, achieving a paperless office and so much more. Plus you will gain all your CPD core area points with sessions relevant to your wills practice. 223V05
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on VIC legislation
Session 1
Succession Law Roundup
Chair: Jennifer Maher, Principal Lawyer, KCL Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation and Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Recent Part IV Cases
- Recent trends and themes in Part IV litigation
- A focus on the practical issues that arise during Part IV litigation
Presented by Adam Craig, Barrister, Greens List
9.50am to 10.35am Challenging the Exercise of Power under a Discretionary Trust
Gain guidance on the scope of trust powers and the importance of intention and good faith when ascertaining the validity of the exercise of a power plus practical reminders for those seeking to advise on, uphold or challenge such an exercise of power.
- Baba v Sheehan [2021] NSWCA 58 involved a challenge to the exercise of a power of removal and appointment of a trustee
- Mandie v Memart Nominees Pty Ltd [2020] VSCA 281 the Court considered whether a trustee in purporting to remove certain beneficiaries from a trust had acted without power, for an improper purpose and/or in bad faith
Presented by Cameron J Charnley, Barrister, Victorian Bar
10.35am to 10.50am Morning Tea
10.50am to 11.35am Elder Law Update: Powers of Attorney, Administration, Guardianship and Beyond
- Recent case updates including misbehaving attorneys and appointments of administrators and guardians
- Impact of the introduction of the Guardianship and Administration Act 2019 (Vic)
- Elder abuse: protection and prevention
Presented by Hayley Hunter, KCL Law; Wills, Estates & Succession Planning Law Rising Star, Doyle’s Guide 2021
11.35am to 12.20pm Estate Administration Issues: Things to Consider at the Planning Stage
- Gift vesting issues
- Getting instructions and drafting accordingly
- Vesting in interest v vesting in possession
- Adjustment clauses, options to purchase and inherit
- Valuation issues
- Tax issues
- Occupation rights
- Life interests v personal rights
- Implications for land tax, stamp duty, CGT
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 2021
12.20pm to 1.05pm Blended Families and Estate Planning
- Spouse and partner rights in family provision
- Step-children and family provision
- Strategic options:
- Immediate division between spouse and children
- Life and limited interests
- Mutual Will agreements
- Superannuation considerations
Presented by Daniel Kelliher, Specialist Lawyer, Wills & Estates, Eastern Bridge Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills, Estates & Succession Planning and Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Mandatory Core Areas for Wills and Estates Lawyers
Chair: Kathy Wilson, Principal, Kathy Wilson Legal; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning and Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
Professional Skills
2:00pm to 3:00pm Handling Digital Remains in the Digital Age
- Today's digital only culture and the rise of digital ghosts
- Social media
- Messaging/communications
- Common items
- Hidden costs of technology
- Introduction to digital assets
- Cryptocurrency
- Non-fungible tokens (NFT's)
- Photos/videos
- Domains names
- Repositories
- Offshore accounts
- Handling clients’ digital assets securely, and what not to do!
Presented by Dylan Meyer-O’Brien, CEO, The Prepared Company
Practice Management & Business Skills
3.00pm to 4.00pm How to Have a Paperless Wills and Estates Practice
- The benefits of a paperless wills and estates practice
- How to start: moving from paper to digital files
- Issues identified with compliance with the legal requirements for audio visually witnessed wills and affidavits
- Practical tips on how to electronically sign probate applications, wills, powers of attorney and bank forms
Presented by Ines Kallweit, Principal Solicitor, KHQ Lawyers; Accredited Specialist in Wills & Estates Law; Preeminent Wills, Estates & Succession Planning and Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm ‘The More Things Change the More They Stay the Same’
Drawing on 50 years in practice, you will learn:
- Double jeopardy vs great expectations
- Officer of the Court trumps instructions from client
- Mental health: ability to download especially with team without compromising or risking ethics
- Can Friday night drinks ever return to what they were? Wellbeing amidst traumatic litigation and/or difficult clients
Presented by Tim Mulvany OAM, Partner, TJ Mulvany & Co
Presenters
Jennifer Maher
Jennifer advises private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning. Jennifer has handled a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as a number of significant cases in wills, estate and equity matters including cy-près applications. Her practice incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts.
Adam Craig
Adam Craig practices mainly in tax and revenue law, wills and estates, and equity and trusts. His recent matters have included disputes in relation to family provision claims, claims, judicial advice, the removal of executors, and constructive trusts. Adam previously worked at the ATO for many years and provides tax advice in relation to deceased estates and trusts more generally.
Cameron J Charnley
Cameron practises in a broad range of corporate and commercial law, including contract law, insolvency, real property, consumer law, equity and trusts, and wills and probate. He accepts briefs to advise and to appear in all Victorian and federal jurisdictions, and is also admitted in New Zealand. Before coming to the Bar, Cameron was an associate to his Honour Judge Cosgrave in the Commercial Division of the County Court of Victoria.
Hayley Hunter
Hayley practises principally in estate and succession planning, estate disputes and litigation, and elder law disputes, including guardianship and administration. She takes a particular interest in matters relating to elder abuse and misconduct by attorneys. Prior to joining KCL Law, Hayley worked for one of Victoria’s largest trustee companies giving her unique insight into the areas of guardianship, administration, and trust management, as well as working with some of Victoria’s most vulnerable citizens. Hayley is an active member of the Law Institute of Victoria’s Elder Law Section Executive Committee and represents the LIV at Elder Abuse and Safeguarding Advisory Group convened by the Department of Families, Fairness and Housing.
Greg Russo
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 Kelliher
Daniel Kelliher has practiced at Eastern Bridge since July 2018, after completing 13 years heading the Estates and Estate Planning team at Russell Kennedy. Daniel's practice encompasses all aspects of Estate Planning & Trusts advice; Probate and Estate Administration; Estate, Trusts & occasional Superannuation Litigation. Daniel is Chair of the Victorian Branch of the Society of Trust and Estate Practitioners (STEP) and is also Chair of the Law Institute of Victoria (LIV) Specialist Advisory Committee for Wills and Estates. He has been an LIV Accredited Wills & Estates Specialist since July 1996.
Kathy Wilson
Kathy has a background in property law; commercial litigation; succession and elder law with some 25 years' experience advising in wills and succession planning; complex probate applications; asset structuring; the resolution of disputes in wills, property, estates, elder law and guardianship matters, working in Melbourne and regional Victoria.
Ines Kallweit
Ines’ practice ranges from estate planning, the preparation of Wills and powers of attorney to complex estate administration and estate litigation. Her expertise includes succession planning and asset structuring, advice in relation to and preparation of powers of attorney, appointment of medical treatment decision makers and advanced care directives. She also looks after applications for grants of probate and letters of administration, guardianship & administration matters (including VCAT appearances), will and trust disputes, family provision claims. Ines also has a keen interest in promoting legal education. She is a former adjunct lecturer at the College of Law and speaks for various professional development providers.
Tim Mulvany OAM
Tim was admitted to practise in 1972 predominantly working in the area of Estate and Succession planning and the included family law and children’s law in 1983. In 2002 he was appointed solicitor to an Inquiry into historic abuse allegations made against Cardinal Pell, “Southwell Inquiry”. Tim has had substantial involvement in appointments in the Supreme Court of Victoria, County Court, Family Court of Australia and Federal Circuit Court as a Litigation Guardian and/or appointed Administrator with the Will annexed. For decades he has been appointed by VCAT as an Independent Administrator. Tim has been on the board of and chaired two prominent charitable institutions and in 2012 he was awarded the Medal of the Order of Australia (OAM) for services to children, to the law and the community. Tim has been Principal to 17 Articled clerks/Trainees, the first in 1977 and the 17th in 2020.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court