Estate Administration and Probate Proceedings
Expose the hot spots of estate administration and probate and gain tools that will help you sidestep tomorrow’s problems today. Review the latest probate cases, unravel complex applications, explore steps for executors to avoid disputes with beneficiaries. Examine tax planning and taxation of deceased estates, life estates, statutory and evidentiary requirements for challenging a grant of probate, and so much more WEB229V05
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation
Chair: David Davis, Principal, David Davis & Associates; Certified Tax Adviser
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am When the Going Gets Tough: Complex Grants of Representation Applications
- Practical tips for complex applications including copy Will applications, applications where the appointed executor has lost capacity and reseal of foreign grants
- Recent probate cases and outcomes
- Sample wording and precedents will be provided for your own use and a case study will be worked through to put all the tips and tricks learnt to use in a real-life setting
Presented by Anna Hacker, General Manager – Estate Planning; Accredited Specialist in Wills and Estates Law and Kathy Michailidis, Lawyer, Estate Planning, Australian Unity Trustees Legal Services
9.50am to 10.35am Pitfalls for Executors: Avoiding Disputes with Beneficiaries
- Selling assets
- Fees and commission claims
- Releases and indemnities, and much more
Presented by Nancy Collins, Principal, King & Collins; Best Lawyers 2023, Litigation; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Managing the Taxation Obligations of Testators, Estates and Trusts
- Tax planning when estate planning
- Finalising a testator’s tax affairs
- Tax and deceased estates: what executors need to know
- Taxation of trusts
- Legislation, common law, practical examples including sample clauses and case studies
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
11.35am to 12.20pm Challenging a Grant of Probate
- Statutory and evidentiary requirements
- The Court’s view: recent cases and cost decisions
- Practical tips
Presented by 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
12.20pm to 1.05pm Life Estates and Limited Interests
- Drafting suggestions
- Trustee & Life Tenant rights and responsibilities
- Vesting and tax considerations
Presented by Daniel Kelliher, Specialist Lawyer, Wills & Estates, Eastern Bridge Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills, Estates & Succession Planning and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
David Davis
David is the head of David Davis & Associates, and practices in all aspects of estate and business succession planning, estate administration and estate litigation including Superannuation Complaints Tribunal, VCAT and the Supreme Court. He has contributed to the development of succession policy as state and federal levels, has led training and education intensives for professional groups including accountants, financial planners and solicitors, and presented at state and national conferences. He is past chair of the Law Institute of Victoria Elder Law Committee, a Certified Tax Adviser with the Tax Institute of Australia, and a member of the Human Research Ethics Committee at La Trobe University.
Anna Hacker
Anna Hacker 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, focussing on the field of Elder Law, gaining experience in estate litigation and administration. Anna graduated from Monash University with an honours degree in both Law and Arts and completed an Honours Thesis analysing a series of letters between family members, some of whom reached Australia as Jewish refugees escaping Vienna in 1938 with on location research of which was performed in Berlin at the Freie Universitaet. Anna serves as a member of the Law Institute of Victoria, STEP and Macleod College School Council. A regular presenter at seminars relating to estate planning, litigation and administration, Anna also prepares papers and articles for peers as well as clients to promote a better understanding of succession law.
Kathy Michailidis
Kathy works as a Lawyer in the national team within Australian Unity Trustees Legal Services practising in Wills & Estates and succession law alongside Anna Hacker. Kathy has over 5 years’ experience working as a lawyer and commenced her legal career working in private practice. During her time in private practice, Kathy explored various areas of law, namely: conveyancing, wills and estates, estate, civil and commercial litigation, family and employment law – developing a particular interest in Wills and Estates matters. Kathy is also a member of the Law Institute of Victoria.
Nancy Collins
Nancy Collins is a commercial litigation lawyer with a particular focus on private family wealth disputes. Her expertise lies in this complex area of law, together with family trust, deceased estates, and business and commercial disputes. Nancy co-founded King & Collins understanding that people going through a stressful legal experience want the combination of personal attention and expertise that only a small, specialist firm can offer. Nancy understands the emotional impact of these kinds of proceedings and is experienced in managing both the law and the human side of the process. She worked at Arnold Bloch Leibler for more than a decade, appointed as Special Counsel in 2016. Nancy is a longstanding member of the Law Institute of Victoria’s Executive Succession Law Committee, including serving as Deputy Chair. She is listed in Best Lawyers and Doyles Guide for her significant expertise and experience in litigation.
Greg Russo
Greg Russo is a partner at Featherby’s 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.
Jennifer Maher
Jennifer Maher has particular expertise in advising private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring and succession planning. Jennifer practises extensively in private client services, which incorporates will making, estate planning, estate litigation, trust law, attorneyship, guardianship and aged care. 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. Jennifer has also been appointed as a litigation guardian to protect the interests of minors or persons under a disability, whose interests are affected by a will challenge. Jennifer's clientele includes private clients, businesses, high net worth clients, trustee companies, private and public corporations, private family and business trusts. Jennifer practice also includes assisting families with their aging loved ones, including assisting and advising attorneys and guardians as to their duties, assisting with the transition to aged care and appearing at VCAT in contested administration and guardianship disputes.
Daniel Kelliher
Daniel Kelliher has practised at Eastern Bridge since July 2018, following 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 immediate past Chair of the Victorian Branch of the Society of Trust and Estate Practitioners (STEP) and is also a former Chair (2016-2018) of the Law Institute of Victoria (LIV) Specialist Advisory Committee for Wills and Estates. In April 2005, Daniel graduated from Macquarie University with a Masters of Law in Financial Services. He has been an LIV Accredited Wills & Estates Specialist since July 1996. Daniel’s interests outside the law centre on his family, home renovation and gardening, epicurean pursuits and touring.