Estate Planning, Asset Protection and Probate
When it comes to expert estate planning and probate you are expected to know how to skilfully handle any complication or dispute that arises. Master how to do just that as our vaunted speakers cover blended families, tax, testamentary trusts, business assets, problematic and unusual probate issues, and much more. Receive practical information, realistic examples and relevant legal updates that will enhance your mastery of this area.
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This conference was recorded in VIC on 12 September 2018
Session 1
Estate Planning and Asset Protection Strategies
Chair: David Davis, Principal, David Davis & Associates
9.00am to 10.00am: Estate Planning for Blended Families
Gain the tools needed as complex family situations become the norm.
- Key provisions in an effective Will that considers the needs of a blended family
- Potential outcomes and ways to minimise challenge when disinheriting a prospective beneficiary
- ‘Outside of the box’ options including mutual Wills agreements
- Where common precedents can fail a blended family
Presented by Anna Hacker, National Manager - Estate Planning, Australian Unity Trustees Legal Services; Accredited Specialist in Wills & Estates
10.00am to 11.00am: Managing the Taxation Obligations and Affairs of the Estate
- Tax obligations: What does the Commissioner expect?
- Obligations to beneficiaries: What do the beneficiaries expect?
- Tax implications on death
- Estate planning principles
Presented by Dr Bill Orow, Barrister, Greens List
11.00am to 11.15am Morning Tea Break
11.15am to 12.15pm: Business Assets and Interests: Business Needs vs Beneficiary Wants
- Identifying business assets and the various interests in them
- Strategies for handling business assets through structures and trusts
- Passing control of trusts and companies and succession planning
- Building effective asset protection and tax planning involving business assets into an estate plan
Presented by Jim Parke, Managing Director, Parke Lawyers; Accredited Specialist in Business Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2017
12.15pm to 1.15pm: Utilising Testamentary Trusts for Intergenerational Asset Management and Protection
- Special needs beneficiaries
- The reach of the Family Court
- Insolvency considerations
- Income streaming
Presented by Lachlan Wraith, Barrister, Foley's List
Session 2
Problematic Probate Applications
Chair: Rachael Grabovic, Partner, Rigby Cooke Lawyers; Accredited Specialist in Wills & Estates; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2017
Professional Skills
2.00pm to 3.00pm: Challenging a Grant of Probate: Problems at the Beginning and End
- Establishing a proper basis for a Caveator’s Grounds of Objection
- Compromising a probate challenge
- Assessing the strength of evidence
- Final or penultimate will
- The role of the Court as the final arbiter of the validity of a will
- Compromising when a dissentient beneficiary will not agree
Presented by Peter Pascoe, Barrister, Greens List
Professional Skills
3.00pm to 4.00pm: Seeking a Grant of Probate in Solemn Form: The Tricky Parts
- Range of circumstances requiring the application
- Determining the essential evidence and how to obtain it
- Procedural considerations: Which way to go?
- The details: subpoenas, expert evidence and costs
- Evidentiary considerations
- Contested nature: strategies, tactics and good practice
Presented by Daniel Kelliher, Wills & Estates Specialist, Eastern Bridge Lawyers; Leading Wills and Estates Lawyer, Doyle’s Guide 2017
4.00pm to 4.15pm Afternoon Tea Break
4.15pm to 5.15pm: Costs in Contested Probate Proceedings
- Application of common law rules
- Relevant legislation and rules
- Tricky considerations involving the role, position and actions of the executor
- Recent case law
Presented by Antonella Terranova, Solicitor, Castra Legal Costing Pty Ltd