Estate Administration, Probate and the Decision in Re Permewan
With the Counsel of the re Permewan case, delve into the case and explore viability of gift and loan back arrangements. Plus, review the latest probate cases. Investigate tricky curve balls such as when jointly appointed executors are at war, an executor loses capacity, refuses to apply for a grant or wants to bring a family provision application. Take away practical information on taxation of estates that will enhance your mastery of estate administration and probate. 228Q02
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on QLD legislation
Chair: Karen Gaston, Barrister, Callinan Chambers: Accredited Specialist in Succession Law; Best Lawyer of the Year 2023, Wealth Management/Succession Planning Practice; Best Lawyers 2023, Trusts and Estates; Preeminent Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
2.00pm to 2.45pm The Fallout from Re Permewan: Gift and Loan Back Strategies
Hear from Vince Brennan, Counsel in Re Permewan on gift and loan back strategies, and dissect the decision and the major fallout from Re Permewan:
- The pleadings and the issues on the pleadings
- The gift and loan back strategy explained
- The approach to undermining the strategy
- The policy of maintenance proceedings and the law
- Re Permewan No.2 [2022] QSC 114
Presented by Vince Brennan, Barrister, Deane Chambers
2.45pm to 3.30pm Navigating Applications for Probate in Tricky Situations
- Overview of who is entitled to apply for a grant (with a will or an intestacy)
- What do you do if an executor:
- Has lost capacity
- Wants to bring a family provision application
- Refuses to apply for the grant
- What to do if the original will has been lost
- What to do when jointly appointed executors are at war
Presented by Prue Poole, Director, Cornford-Scott Lawyers; Accredited Specialist in Succession Law; Best Lawyers 2023, Trusts and Estates, Wealth Management/Succession Planning Practice; Leading Wills, Estates & Succession Planning Lawyer and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2021 and Portia Costello, Associate, McInnes Wilson Lawyers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Taxation of Deceased Estates
- Responsibilities of the Legal Personal Representative
- When is an income tax return required/tax clearances?
- Capital gains tax
- Main residence exemption
- Who pays the tax on an estate's income?
- Superannuation death benefits
- Gifts to charities and non-resident beneficiaries
- Tricky issues arising in practice
Presented by Michael Klatt, Partner, Mullins; Accredited Specialist in Succession Law; Best Lawyers 2023, Trusts and Estates, Wealth Management/Succession Planning Practice; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
4.30pm to 5.15pm Contested Probate Proceedings: Recent Case Law
- Mutual wills
- Testamentary capacity and rectification of wills
- Revoking wills in the electronic age
Presented by Anand Shah, Barrister, Brisbane Chambers
Presenters
Karen Gaston
Karen has experience conducting complex, lengthy litigation usually with the overlay of an emotional family dispute. In particular she has substantial experience running family provision applications, litigation about the validity of wills (sometimes called solemn form probate litigation), applications concerning the construction of wills, Beddoe applications, power of attorney disputes, and equity litigation involving unconscionable conduct and undue influence. Karen is a Queensland Law Society accredited specialist in succession law. Doyle’s Guide recognises Karen as “Preeminent” in the Wills and Estate Litigation Lawyers category in 2020 and 2021. Karen works as a team with a solicitor, to represent a client. She does not accept briefs directly from the general public. Karen can, however, provide a list of referrals to highly regarded solicitors who can assist members of the public directly.
Prue Poole
Prue Poole was admitted as a solicitor in 2002 and qualified as the highest achiever in Specialist Accreditation in Succession Law in 2011. Prue is currently a Director of Cornford-Scott Lawyers after being a partner at McInnes Wilson Lawyers for over five years. As an accredited specialist, Prue has experience in all areas of succession law with particular expertise in Estate Administration and Estate Litigation. Prue advises executors, beneficiaries, trustee companies and other law firms on succession matters and is often appointed by the Supreme Court of Queensland as the independent administrator of deceased estates. Prue has consistently been recognised for her expertise in Best Lawyers Australia and Doyle’s Guide.
Portia Costello
Portia joined McInnes Wilson Lawyers in 2019. Portia was admitted as a solicitor in 2011 and worked as the Associate to His Honour Judge Long SC in the District Court before commencing practice as a solicitor. Portia has experience across all areas of succession law but has a particular interest in estate litigation and administration. Portia is a member of the Queensland branch of the Society of Trust and Estate Practitioners (STEP).
Michael Klatt
Michael Klatt is the lead partner of Mullins Lawyers' Private Client practice. Michael and his team provide advice on a broad range of personal and small business legal issues, including on wills, powers of attorney, estate planning, estate administration, estate litigation, business structuring, trusts, asset protection, family disputes, retirement home agreements and other general advice. Michael has more than 25 years' experience in wills and estate law and is recognised by legal benchmarking website, Doyles Guide, as a leading Wills, Estates and Succession Planning Lawyer in Queensland (2018). He has been a Queensland Law Society (QLS) Accredited Specialist in succession law since 2002 and is a member of the Specialist Accreditation Board of the QLS, the Board overseeing the Specialist Accreditation programme of the QLS over a number of areas of law. Michael specialises in providing advice to clients on all aspects of estate planning and litigation. The Supreme Court of Queensland regularly appoints Michael as administrator of complex Estates.
Anand Shah
Anand Shah joined the Queensland Bar 20 years ago after practising as a solicitor for eleven years. Anand's practice areas include personal injuries, commercial litigation, administrative law, succession, defamation, and human rights. Anand has appeared as counsel in the High Court, Queensland Court of Appeal, Federal Court and as trial counsel in all State Courts, the Federal Circuit and Family Court of Australia and many Tribunals. Anand is a Nationally Accredited Mediator and has acted as a mediator in a variety of disputes including personal injuries, commercial, professional negligence, and succession. Anand has been elected by the Queensland Bar, on many occasions, to serve on its Bar Council (the Bar's peak executive body). Anand is the Immediate Past President of the Asian Australian Lawyers Association (AALA) (Qld Branch). AALA promotes and encourages cultural diversity within the legal profession.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00