CANCELLED: 15th Annual Wills and Estates Symposium
Issues covered include: estate litigation update, taxation, trust, informal wills, superannuation death benefit, litigation, client capacity, property dilemmas
Description
In one day catch up on the recent developments, updates and key issues that have arisen in the last 12 months and that will impact wills and estates practitioners in the year to come. Review recent estate dispute and contested probate cases and gain in-depth and practical estate planning strategies.
Attend the full day and earn 7 in Substantive Law
Session 1
Estate Disputes and Contested Probate
Chair: Rick Wells, Barrister, Meldrum and Hyland List; Preeminent Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
9.00am to 10.00am: 12 Months in Review: Estate Litigation Update and & the Impact on Your Practice
- Review and exploration of recent cases of importance in estate litigation over the last 12 months
- Discussion of the facts of these cases and how they may impact upon your practice and affect the advice you give to your clients
Presented by TBC
10.00am to 11.00am: Practical Taxation and Trust Issues in Estate Disputes
- Tax implications of transfers of estate assets to beneficiaries in a deceased estate context
- Family provision claims: effective use of the CGT rollover provisions
- Victorian duty implications on transfers of real estate: settlement vs court orders
- Disputes and non-estate assets
- Payment of superannuation death benefits in a tax-effective manner to settle a dispute
- Factoring in family discretionary trusts to satisfy a beneficiary’s claim: transfer of control and resettlement risk
Presented by Nathan Yii, Principal Lawyer, Nathan Yii Lawyers; Chartered Tax Advisor; SMSF Specialist Advisor; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Contested Probate of Informal Wills
- The informal will regime: the application process and the legal test
- Evidence required to prove an informal will
- Recent contested cases
Presented by Michael Labiris, Senior Lawyer, Moores; Accredited Specialist in Wills & Estates; Wills, Estates & Succession Planning Rising Star, Doyle’s Guide 2019
12.15pm to 1.15pm: Superannuation Death Benefit Disputes
- Binding, non-binding and non-lapsing death benefit nominations
- Appealing the trustee’s discretion through Australian Financial Complaints Authority and the courts
- SMSFs and death benefit disputes
- Conflicts of interest: the Legal Personal Representative problem
- Assessing competing claims of dependants
Presented by Michael Clohesy, Principal Lawyer and Jack Conway, Associate, Aitken Partners
Session 2
Estate Planning and Administration Dilemmas
Chair: Robert Shepherd, Barrister, Howells List; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
2.00pm to 3.00pm: Estate Planning: Planning for Litigation and Addressing the Risks
In identifying strategies to promote certainty for their testator clients, estate planners should consider the possibility of future estate litigation. If practitioners are focused on the possibility of the risks of future estate litigation, several measures can be employed to respond to those risks at the estate planning stage.
- Identifying and addressing future estate litigation risks, emphasis on claims under Part IV of the Administration and Probate Act 1958 (Vic)
- Take part in a bespoke analysis with sample clauses provided and discussion of sample fact situations
Presented by Gregory Russo, Solicitor, Featherbys Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
3.00pm to 4.00pm: Client Capacity and Estate Planning
- How to ensure your client’s estate planning intentions don’t unravel if they lose capacity
- Current Victorian enduring power of attorney laws
- Conditions and instructions to include in financial enduring powers of attorney
- Impact on a will where a specifically gifted property is sold during the will maker’s lifetime
- SMSFs and members losing capacity
- Controllers of family trust losing capacity
Presented by Krista Fitzgerald, Practice Leader, Moores; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Real Property Dilemmas: Impact on Estate Planning
- Ownership of real property: Is the house really yours?
- The holiday house must stay in the family; gifts of real property
- Life interest vs right to occupy
- Elder law issues; transfer of property in return for care
- Testamentary trusts and real property
- Who is in charge? The power of the executor and attorney
Presented by Ines Kallweit, Principal Solicitor, KHQ Lawyers; Accredited Specialist in Wills & Estates
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
Directions