Wills and Estates Conference 2023
Take a practical journey with the Registrar of Probate & leading experts in wills & estates in this comprehensive program that will set you up for the year. The latest cases from the Courts, updates for estate planning, the impact of superannuation, probate & trusts litigation, will be decoded for you & actionable solutions provided. In the afternoon, pick up your ethics, practice management & professional skills points with topics specifically tailored for wills & estates lawyers & practices. 233V19
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
Wills and Estates Roundup
Chair: Anna Hacker; Accredited Specialist in Wills and Estates
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Estate Planning and Superannuation: Death Benefit Nominations
- Impact of superannuation on estate planning
- Typical disputes and jurisdiction
- Contrast the NSW and Victoria position regarding notional estate concept
Presented by Dan Coombes, Barrister, Castan Chambers
9.50am to 10.35am Statutory Will Applications
Presented by Tim Staindl, Barrister, Greens List
10.35am to 10.50am Morning Tea
10.50am to 11.35am Complex Probate Applications
A focus on additional evidence and documents that are required for more complex probate applications, including:
- Informal wills
- Wills executed pursuant to the remote execution procedure
- Applications by strangers in interest
- Applications pursuant to power of attorney or appointment as syndic
Presented by Kate Price, Registrar of Probates, Supreme Court of Victoria
11.35am to 12.20pm Trusts and Litigation: Recent Cases and Case Studies
Family Trusts regularly feature in the financial circumstances of clients. This session will analyse some recent cases that practitioners need to be familiar with in order to provide advice to:
- Clients contemplating trust litigation
- When providing estate planning advice to clients who are the beneficiaries of, or controllers of, Family Trusts
Disputes between trustees and beneficiaries are common, particularly in view of:
- The ageing population of many current Trust controllers
- The complexity of Trust control succession
- The wealth that is controlled by many Family Trusts
Presented by Greg Russo, Solicitor, Featherby’s Lawyers; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2022
12.20pm to 1.05pm Wills and Estates Case Update
Presented by Joshua Sheppard, Barrister, Greens List Barristers
Prepared by Simon Pitt, Barrister, Green’s List; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Wills and Estates Professional Skills, Practice Management and Ethics
Chair: David Davis, Principal, David Davis & Associates; Certified Tax Adviser
Practice Management & Business Skills
2.00pm to 3.00pm Safeguard Your Wills and Estates Practice with Iron-Clad Armour
- Curbing risks in the will preparation stage
- Inadequate instruction taking
- Administration mistakes
- Delay in finalising estates
Presented by Ines Kallweit, Principal Solicitor, KHQ Lawyers; Accredited Specialist in Wills & Estates Law; Preeminent Wills, Estates & Succession Planning Lawyer and Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2022
Ethics & Professional Responsibility
3.00pm to 4.00pm Ethics and capacity: protecting yourself and your client
- Considering your ethical obligations when decision-making capacity is unclear
- Interacting with substitute decision-makers in a lawyer/client relationship
- Recent decisions highlighting practitioner’s obligations in relation to capacity and instructions
Presented by Hayley Hunter, Senior Associate, Suzanne Lyttleton Lawyers; Wills, Estates & Succession Planning Law Rising Star, Doyle’s Guide 2022
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm What to Expect at a Hearing: The Role of the VCAT Act and How it Impacts upon Guardianship Hearings
- Important practice notes
- Evidence before VCAT
- Costs
Presented by Ingrid Braun, Barrister, Svenson Barristers
Presenters
Anna Hacker
Anna has been practising as a legal practitioner for almost two decades and is an accredited specialist in the area of Wills & Estates. In a career spanning both private practice and within two of Australia’s largest trustee companies, Anna now assists private clients within the Family Office of Pitcher Partners, one of Australia’s eighth largest accounting and business advisory practice, with their estate planning strategies and goals. By working with external law firms to develop and engage clients, Anna’s approach of demystifying the complexity of estate planning is highlighted by her hosting of Australian Unity’s podcast “What Happens When I Die?” as well as her role as consultant on season two of the ABC’s “Fisk”. Anna serves as a member of STEP, the Law Institute of Victoria as well as on the Macleod College School Council.
Dan Coombes
Dan practises in commercial litigation, insolvency, estate litigation and property disputes in the Family Law jurisdiction. He completed his law degree at Melbourne University and holds a BA and GDLP from the ANU. Prior to coming to the bar, Dan was a judge’s associate in the Supreme Court of Victoria. He also holds the ARITA Advanced Certificate in Insolvency. Dan is regularly briefed in TFM matters, statutory will applications and Superannuation disputes.
Tim Staindl
Tim has a broad practice across the common, commercial and administrative law. He has particular expertise in equity, trusts and probate. Prior to the Bar, Tim was Senior Lawyer of the Personal Injuries, Institutional Liability, Dust Diseases and Civil Circuit Lists at the Supreme Court of Victoria. Before this, he was Associate to the Honourable Justices McMillan and Gorton. He assisted their Honours in all types of matters within the Common Law Trial Division. Tim began his career as a solicitor at a boutique firm in Hawthorn. Tim is reading with Roslyn Kaye SC and his senior mentor is Georgina Costello KC.
Kate Price
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 12 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.
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.
Joshua Sheppard
Joshua practices in trusts, equity and probate at the Victorian Bar. He was an associate to the Honourable Justice Moore of the Supreme Court of Victoria and assisted his Honour with family trusts and wills and estates matters. Prior to being called to the Bar, Joshua practised as a solicitor at Allens and the Victorian Government Solicitor’s Office in litigation. He has taught constitutional law to undergraduate students at Deakin University. Joshua read with Tom Clarke and his senior mentor was Richard Knowles KC.
Simon Pitt
Although he has a broad commercial trial-based practice, Simon specialises in complex litigation in the Trusts, Equity and Probate List of the Supreme Court, usually involving questions regarding deceased estates, family trusts, superannuation, the Corporations Act or testamentary capacity. Simon regularly prepares and presents papers in the areas of wills and estates; trusts, equity and probate; commercial litigation and Supreme Court practice and procedure. Simon is available to advise and appear in all State and Federal jurisdictions.
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.
Ines Kallweit
Ines Kallweit leads the Wills & Estates team at KHQ Lawyers. She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and Notary Public. She is also a member of the Society of Trust and Estates Practitioners. Ines advises clients in all areas of estate planning, estate administration and estate litigation. Ines’ practice ranges from estate planning, the preparation of Wills and powers of attorney to complex estate administration and estate litigation. Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates. Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving Wills, property, estate and guardianship matters. Ines’ 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 (seeking further provision from deceased estates) and resealing international & interstate grants of probate. Her expertise also includes charitable gifts & cy-prés applications, and complex estate administration (including as court appointed administrator). Ines also has a keen interest in promoting legal education. She has a Master of Teaching and is a former adjunct lecturer at the College of Law. She speaks for various professional development providers including the Law Institute of Victoria, Leo Cussen Institute and Television Education Network. Ines is a native German speaker. Ines is widely regarded as one of the country’s leading practitioners in this area of law, and has been recognised as a preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles Guide for seven consecutive years (2015-2022).
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. Hayley is the vice-chair of the Law Institute of Victoria’s Elder Law Section Executive Committee, represents the LIV at Elder Abuse and Safeguarding Advisory Group convened by the Department of Families, Fairness and Housing, is a member of the Seniors Rights Victoria Advisory Committee and has recently been appointed as a Director of the Board of Governance of COTA Victoria.
Ingrid Braun
Ingrid’s practice in VCAT is in Guardianship and Administration, including the new Powers of Attorney Act 2014 (Vic), and the new Guardianship and Administration Act 2019. Ingrid has acted in a number of matters concerning donors’ capacity and declarations as to validity. She also undertakes other work in the the Human Rights list. Ingrid also appears in all other jurisdictions, notably the Federal Circuit and Family Court of Australia. Prior to being called to the Bar, Ingrid held senior positions in the State Government including Manager of Information and Privacy at the Department of Justice. She has presented on FOI at the Leo Cussen Institute and has prior experience in commerce and the visual arts. Ingrid enjoys participating in the Victorian Bar Choir and is also an accomplished artist.
Venue
Cliftons Melbourne - Collins Street
1/440 Collins Street
Melbourne 3000 VIC
Australia
Parking information:
NEAREST PARKING
• Wilson parking, 425 Collins St (2 min walk)
• Secure Parking, 15 William St (3 min walk)
• Secure Parking 123 Queen St (4 min walk)
Directions:
CLOSEST TRAM STOPS
• Cnr Collins St & Williams St, 50m (2 min walk)
• Cnr William St & Bourke St, 50m (2 min walk)
CLOSEST BUS STOPS
• Cnr Collins St & Queen St, 140m (3 min walk)
• Cnr Flinders St & Queen St, 213m (5 min walk)
CLOSEST TRAIN STATIONS
• Flinders Street Station, 690m (10 min walk)
• Southern Cross Station, 600m (9 min walk)