Wills and Estates Colloquium
Issues covered include: Capacity, capacity disputes, equitable remedies, estate litigation, undue influence, unconscionable conduct, estoppel, extension of time, mediation, superannuation, testamentary trusts, enduring powers of attorney, financial agreements
Description
What matters might come crashing through your door at any moment? Complex superannuation issues in estate planning? A convoluted mediation in a family provision claim? An extension of time application that needs to be filed not now, but NOW? A contentious capacity dispute? Any one of these issues could demand your immediate and urgent attention, so be prepared to handle all of them, and more. Plus gain your CPD compulsory units all in one unbeatable conference.
Attend and earn 7 CPD units in Substantive Law
This colloquium was recorded in VIC on 19 March 2019
Session 1
Estate Disputes
Chair: Peter Pascoe, Barrister, Owen Dixon Chambers West
9.00am to 10.00am: Capacity Disputes: What to do and Where to go
- Capacity and how is it assessed?
- Vulnerability and risk of financial abuse
- How VCAT approaches questions of capacity
- Practical steps to avoid disputes
Presented by Paul Beasant, Special Counsel, KCL Law
10.00am to 11.00am: Equitable Remedies in Estate Litigation
- How are the equitable doctrines of undue influence, unconscionable conduct and proprietary estoppel currently being used in wills and estates litigation?
- What are the essential elements of these three equitable claims?
- Provision of practical guidance to practitioners on how to properly plead them
- Provision of a case update in the area
Presented by Simon Pitt, Barristers, Greens List
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Applications for an Extension of Time
- Maher & Ors v Maher & Ors [2018] VSC 318
- Case law focusing on Daly AsJ’s decision in Maher
- The anticipated Court of Appeal decision
Presented by Reegan Grayson Morison, Barrister, Greens List
12.15pm to 1.15pm: The Phenomenon of Mediation in Family Provision Claims
- Revenue issues that often present but are overlooked or misunderstood
- Problems in documenting agreements that can lead you back in front of a judge
- Will the court approve your compromise?
Presented by Robert Shepherd, Barrister, Victorian Bar
Session 2
Estate Planning
Chair: Alistair Craig, General Counsel, State Trustees
2.00pm to 3.00pm: Superannuation Death Benefits Post 2017 Reforms
- Implications of transfer balance caps on estate plans
- Significance of reversionary pensions and BDBN
- Role and responsibility of executor and attorneys
Presented by Jennifer Dixon, Practice Leader, Moores; Accredited Specialist in Wills & Estates Law; SMSF Specialist Advisor TM
3.00pm to 4.00pm: Effective Use of Testamentary Trusts in an Estate Plan
- General drafting considerations
- Testamentary trust drafting for specific situations
- Bankrupt beneficiaries
- Vulnerable beneficiaries
- Blended families
- Testamentary trusts and family law
- Testamentary trusts and family provision legislation
- Somme taxation considerations of testamentary trusts
Presented by Greg Russo, Solicitor, Featherbys Lawyers; Accredited Specialist in Wills & Estates Law
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: The Use of Additional Documents in Estate Planning
- Enduring Powers of Attorney
- Binding Financial Agreements
- Land Victoria Forms
- Inter Vivos Trusts
- Bespoke documentation, insurance and social and community contributions
Presented by James Daly, Special Counsel, McKean Park; Accredited Specialist in Wills and Estates Law