[HS] Estate Planning and Administration Forum
Explore the intricate world of estate planning with a rundown of recent family provision cases and practical concerns of mutual wills agreements. Navigate the twists of probate applications and delve into professional executorship options. Beware the subplot of elder abuse and capacity. Master the best financial options in estate planning as you uncover recent discretionary trust issues, taxation nuances and glean superannuation insights from recent decisions. 249V03
Description
Attend and earn 7 CPD units in Substantive Law
This program is based on VIC legislation
Session 1
Prickly Issues of Estate Practice
Chair: Jennifer Maher, Director, Velocity Legal; Recommended as Leading Wills, Estates & Succession Planning Lawyer, Doyle's Guide (2018 -2023)
9.00am to 9.45am Estate Case Wrap-up: Family Provision Plus
- A life interest for the child who never left
- Pozzebon v Pozzebon [2024] VSC 205
- Bequest of real property by attorney under enduring power of attorney prior to testator’s death. Does ademption apply?
- Baumer; Sternfein v Bloom & Anor [2024] VSC 121
- Application made by the defendants for summary dismissal of the claim for a stepchild who claims to be an eligible person under s.90(g) of the definition of eligible person
- Laird v Laird [2024] VSC 666
- Application for judicial advice where deceased provided alternative clauses in his Will depending on what was owned at death
- Baird [2024] VSC 74
- Application to revoke a grant. Test to be implied. Considering of Gardener v Hughes (No 2)
Presented by William Gillies, Barrister, Foley’s List
9.45am to 10.30am The Who, What, Where and How of Mutual Wills Agreements
- Gain a great understanding of the background of mutual wills
- Critique the current case law and determine what makes a “mutual wills agreement” in 2024
- Develop skills for identifying which clients may benefit from a mutual wills' agreement
- Learn risks, tips and tricks for developing strong and practical mutual wills agreements
Presented by Anna Hacker, Client Director, Pitcher Partners; Accredited Specialist in Wills and Estates
Ethics & Professional Responsibility
10.30am to 11.15am Professional Executorship Options
- Ethics of appointments
- Commission/remuneration
- Rights and responsibilities
Presented by Daniel Kelliher, Accredited Specialist - Wills and Estates, Eastern Bridge Lawyers; recommended as Leading Wills & Estates Litigation Lawyer (Victoria), Doyle’s Guide 2022
11.15am to 11.30am Morning Tea
11.30am to 12.15pm Navigating Applications for Probate of Informal Wills
- The legislative framework for applications for a grant of probate of an informal will
- Evidence required in propounding an informal will
- Recent case examples
Presented by Rachael Hocking, Principal Solicitor, KHQ Lawyers; Accredited Specialist Wills and Estates; Recommended Wills and Estates Litigation Lawyer and Leading Wills, Estates and Succession Planning Lawyer, Doyle’s Guide 2023
12.15pm to 1.15pm Elder Abuse and Cappacity – Being Aware When Estate Planning
- What is elder abuse?
- Where to look and how to spot elder abuse? For example, how is elder abuse commonly perpetrated in the context of a person with diminishing capacity?
- Who has the power to investigate / take action for elder abuse while the victim is alive? What about when the victim has died?
- How does an executor of a deceased estate or a decision maker for a person without capacity recover assets?
- What are some common complexities / problems encountered in the investigation of elder abuse and the recovery of assets? How do you overcome them?
Presented by Simon Pitt SC, Barrister, Greens List; Recommended as Leading Wills & Estates Litigation Barrister (Victoria), Doyle’s Guide 2023 and Bree Ridgeway, Barrister, Victoria Bar
Session 2
Maximising the Value of the Estate: Trusts Law, Taxation and SMSFs
Chair: Elefteria Konstantinou, Barrister, Greens List
2.00pm to 3.00pm Recent Discretionary Trust Issues
- Trustee discretion
- Deed variation: Re Gengoult-Smith Family Trust [2024] VSC 189
Presented by Greg Russo, Principal Solicitor, Greg Russo Law; recommended Wills & Estates Litigation Lawyer (Victoria), Doyle’s Guide 2023
3.00pm to 4.00pm Taxation: A Practical Guide to Planning and Administration
- Income stages for deceased estates
- Accumulation of estate income
- Non-resident executors & beneficiaries
- Superannuation death benefits tax
- Main residence exemption extensions
- Small business CGT concession extensions
- CGT – specific v present entitlement
- Tax & duty implications of deeds of family arrangements
- Tax implications of types of testamentary trusts
Presented by Allan Swan, Director, Estate Planning Equation; lecturer in the Master of Applied Law degree at the College of Law, an instructor for Leo Cussen Institute for Law and other professional associations
4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm Superannuation: Tips and Tricks from Recent Decisions in Both SMSF and Non SMSF Worlds
- Recent and interesting superannuation court and tribunal decisions for both SMSFs and non SMSFs continue to guide how practitioners review and draft their superannuation trust deeds
- Walk through a selection of those cases and the lessons learned (or prior views reinforced) for both lawyers and financial advisers in choosing superannuation trust deeds for their clients
- Interplay of superannuation considerations within the overall estate planning aspect and the importance of these superannuation considerations as part of a complete estate planning exercise
Presented by Terence Wong, Senior Associate, Sladen Legal
Presenters
Jennifer Maher
Jennifer Maher has expertise in advising private businesses and high net worth families and individuals in relation to wealth transfer, asset protection, trusts, business structuring, philanthropic giving 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 many family provision claims and has been involved in numerous estate and trust litigation cases, family trust disputes and cy-près applications. Jennifer has also been appointed as an independent administrator by the Supreme Court and 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.
William Gillies
William F Gillies is a member of the Medico-Legal Society, the Maritime Law Association of Australia & New Zealand and the Institute of Arbitrators and has written Practical Medicine for Lawyers. He is also admitted to practice in the A.C.T., N.S.W., Tasmania and Papua New Guinea.
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 trustee companies, most recently as General Manager of Estate Planning, Anna now assists private clients as a Director of the Family Office team of Pitcher Partners, one of Australia’s largest accounting and business advisory practices, 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.
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 Master 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.
Rachael Hocking
Rachael acts in all areas of Wills and Estates, including estate planning, administration and litigation and is also actively involved in trust, superannuation and family disputes. Rachael appreciates the sensitivity for many people in this area and works with her clients to ensure that they feel comfortable and well informed. Her role is to assist clients through each stage of the process with compassion, understanding and discretion. Rachael acts on behalf of individuals, families, trustees, trustee companies and businesses in all aspects of litigation concerning deceased estates, testator’s family maintenance claims, superannuation (including self-managed superannuation funds), VCAT guardianship list matters, Trusts, construction proceedings, property disputes, applications by trustees, and capacity.
Simon Pitt SC
Simon came to the Bar from Herbert Geer & Rundle Lawyers in 2003. He has since built a busy trial-based practice with a particular focus on commercial litigation and complex trusts, equity and probate litigation. Simon regularly appears for clients in all Victorian courts, appellate courts and tribunals. Simon was appointed as Senior Counsel in 2023. Simon has been listed in Doyle’s Guide as leading counsel in wills and estates litigation for the last 4 years, and as recommended counsel in Australia for the last 3 years. Simon has a keen interest in lecturing and teaching. He regularly presents papers in his stated practice areas both to established CPD providers and law firms’ internal CPD programs. Simon was an Honorary Secretary of the Victorian Bar Council for three years and has served on the Victorian Bar Council. Simon was a member of the New Barristers' Committee for 7 years and chaired that committee for 2 years. Simon formed the Victorian Bar's Student Engagement Committee, dedicated to increasing awareness of secondary and tertiary students of the Bar as a career path after studying law. He chaired that committee for 5 years. Simon served on the Victorian Bar’s Ethics Committee for 4 years. Simon has been a member of the Green's List Committee for the last 7 years.
Bree Ridgeway
Bree has a general commercial and common law practice, with a focus on Wills and Estates. Prior to coming to the Bar, Bree was Associate to His Honour Justice Moore. Bree assisted His Honour in complex estate disputes in the Trusts Equity and Probate List and a broad range of trials in the Common Law Division. Before her associateship, Bree was an Accredited Specialist in Wills & Estates at Moores. As a solicitor, Bree worked in contested estates, including constructive trust claims, executor removal applications, testators family maintenance proceedings and judicial advice applications. Bree has a Master of Bioethics, and is completing her PhD in Bioethics on the relationship between decision making capacity and euthanasia. She teaches Medical Ethics at Monash University and sits on the Human Research Ethics Committee at Walter + Eliza Hall Institute of Medical Research.
Elefteria Konstantinou
Counsel was admitted to practice in 1997 and was called to the Bar in 2002. She practices in all State and Federal jurisdictions. Her particular focus is in wills and probate litigation and estate planning. She is a regular presenter at Green's List's Breakfast Briefings on recent developments and cases in the wills and probate jurisdiction and a regular presenter in the area with the Television Education Network (T.E.N). She is the author of a recent article published in the Wills & Probate Bulletin Issue 63 March 2011 Leo Cussen Centre for Law titled "Pitfalls in your Wills & Estates practice and how to avoid them." In addition to being experienced in Part IV claims made pursuant to the Administration & Probate Act 1958 Counsel gives advice to estates where an approval of compromise is sought by reason of there being a minor or a specially represented beneficiary due to disability. She is experienced in applications seeking to remove executors, applications to revoke probate and to rectify a will. She has an established practice in advising trustees of trusts for applications made pursuant to O.54 of the Supreme Court (General Civil Procedure) Rules 2005 including questions surrounding access to trust documents by beneficiaries. Counsel's background in property law and insolvency has served her well in the wills and probate jurisdiction. Some of her most recent cases involved a dispute between the commercial operations of companies held by two deceased estates involving a derivative action under the Corporations Act. In Accurate Financial Consultants Pty Ltd & Anor v Koko Black Pty Ltd & Ors [2008] VSCA 86 (28 May 2008) she represented the appellants as junior counsel in the Court of Appeal on questions concerning fraud on the trustee's power, the nature of equitable estoppel and quasi-partnership. She is an accredited mediator having first gained her accreditation with the LEADR mediation group in Melbourne in 2004 and more recently in June 2013 she gained her accreditation as a nationally recognised mediator under the NMAS scheme.
Greg Russo
Greg Russo has almost 30 years’ experience in succession planning, administration and litigation and is one of Victoria’s most experienced and respected succession law solicitors. With a background in pure mathematics, Greg not only understands the implications of planning decisions on future taxation, SMSF, trust and estate administration, he is also able to break down complex concepts and structures logically and explain options to clients in a way that empowers them to take positive action and ownership for their decisions. Using the knowledge and insights that he has acquired over three decades; he crafts unique solutions to complex succession problems. Greg teaches both mathematics and law, regularly presents CPD succession events to solicitors, accountants and other professionals in Victoria, Queensland, and online. Greg is an LIV Wills & Estates Accredited Specialist, a chairperson of the LIV Specialist Accreditation Education Advisory Committee, a board member of the Mount Eliza Community Bank, a member of STEP, and is recognised in Doyle’s Guide, in Victoria, as a Leading Wills and Estates Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer.
Allan Swan
Allan works with private clients and their accountants, financial advisors and legal practitioners relating to the legal aspects of the following areas of Preventative Law: Asset Protection; Deceased Estate Taxation; Dispute Prevention; Estate Planning; Preventative Law Strategy; Special Disability & Protective Trusts; Structuring; Superannuation; Tax Considerations; Testamentary & Family Trusts. Allan also provides practitioner training and speaking services in the above areas and is an adjunct lecturer in the College of Law’s applied law master’s program. He is also an instructor for the Leo Cussen Centre for Law, the Law Institute of Victoria and other professional bodies. Allan is accredited as a STEP Trust and Estate Practitioner. Allan holds degrees in Law and Economics and a Graduate Diploma in Financial Services.
Terence Wong
Terence is a Senior Associate in the Superannuation team and specialises in self-managed superannuation fund advice and document preparation. Immediately prior to joining Sladen Legal, Terence acted as Legal Practice Director for a leading national documentation company specialising in SMSF, commercial and trusts documentation, where he attended to internal and client advice requests in relation to documentation products and review and sign off for all document product types, as well as document product design, drafting, and some coding. Terence has also practiced within other areas of law broadly including financial services regulatory, mergers and acquisitions, banking and superannuation advisory (government/retail/industry fund and SMSF) with a special interest in fintech and electronic signatures having presented webinars and published with several business and academic journals on these and other topics.
Venue
InterContinental Melbourne
495 Collins St
Melbourne 3000
VIC Australia
Parking information
Valet Parking is only available for Resident Guests.
Nearby Parking:
Wilson Parking - View locations and rates here
Directions
Nearest Public Transport:
- By train: Southern Cross Station (5-minute walk)
- By subway: Southern Cross Station (5-minute walk)
- By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.