Wills and Estates Conference

Join us for an in-depth program to elevate your skills and knowledge in estate disputes and planning. Gain insights into effective estate dispute and litigation, from setting up an originating process to applying for Estoppel and Constructive Trusts and applying for Judicial Advice. Learn management strategies for estate plans involving company constitutions, financial statements and foreign assets, and blended families. Do not miss this comprehensive seminar that will equip you for the year ahead. 

Wednesday, 6 March 2024
Originating Process: Setup for Success
  • Legislative requirements and case studies pertaining to various types of wills & estates disputes
  • Best practices and procedures for pleadings, particulars and amendments

Presented by Maree van der Kwast, Senior Consultant, Private Clients Group, Jackson McDonald; Leading Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

Family Businesses, Estoppel and Constructive Trusts in Estate Litigation

With the great wealth transfer now in full swing, litigated estates are growing exponentially, in number, in value, and in complexity.

A significant number of these litigated estates involve a family business or shared enterprise, resulting in disputes about who contributed what. This seems to be most prevalent amongst rural families, leaving us asking the all-important question: ‘Who gets the farm?’

You will explore common claims against estates containing a family business, with a focus on:

  • Estoppel
  • Constructive trusts
  • Case preparation for solicitors and barristers
  • Pitfalls, and how to avoid them

Presented by Morgan Solomon, Director, Solomon Hollett Lawyers; Leading Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023; Leading Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023 and Damon Van Kempen, Barrister, Francis Burt Chambers

Considerations for Company Constitutions and Financial Statements in Estate Planning
  • Verifying asset ownership
  • Identifying and dealing with beneficiary loan accounts
  • Ensuring continuity of management and decision-making of private companies between date of death and grant of probate
  • Achieving workable succession plan for future management and control of private companies including corporate trustees on death of client
  • Utility of governance deed / tailored constitution as part of plan to pass control of family trust and promote representation and equity in future decision-making
  • Corporate SMSF trustee and successor directors

Presented by Sally Bruce, TEP, Partner, Succession + Estate, Jackson McDonald; Preeminent Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023; Preeminent Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023

Session 1: Wills & Estates Disputes & Litigation

The world of estate dispute can be complex. Session 1 is built to increase your competency in the nitty gritty of the litigation processes, from asking your clients the right questions to implementing the best strategy for success. Learn how to maintain procedural efficiency while upholding the needs and interests of your clients, especially those with intricate family dynamics. 

Chair: Ann Spencer, Barrister, Francis Burt Chambers; Leading Wills & Estates Litigation Junior Council – Western Australia, Doyle’s Guide 2023; Leading Wills & Estates Litigation Junior Council – Western Australia, Doyle’s Guide 2022

Trust and Estate Disputes with Cross-Border Dimensions
  • The different concepts of property in the international context
  • Domicile and proper law of trusts and estates
  • Jurisdiction with respect to trusts, estates and Family Provision claims
  • Relevant international conventions
  • Arbitration in trust and estate matters

Presented by Brendan Ashdown, Barrister, John Toohey Chambers; Recommended Wills & Estates Litigation Junior Counsel – Western Australia, Doyle’s Guide 2023; Recommended Family Law Junior Counsel – Western Australia, Doyle’s Guide 2023

Application for Judicial Advice
  • Unpacking its historical origins and purposes
  • Procedure and best practice(s) for successful application
  • Recent examples

Presented by Peter Nevin, Partner, Taylor Smart; Recommended Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

Foreign Assets: Strategies for Bulletproof Protection
  • Ascertaining the domicile of the Testator
  • Testing the nature and location of global assets
  • Developing a global, collaborative, estate plan, including consideration of tax outcomes
  • Multiple Wills, a local Will or an International Will?
  • Consider non-estate assets and global succession planning
  • Importance of regular review and other tips and traps to avoid

Presented by Lee-Ann Cartoon, Principal, Succession Solutions Perth; Recommended Wills, Estates & Succession Planning Lawyer – Western Australia, Doyle’s Guide 2023

Holistic Estate Planning in the Context of Blended Family
  • What are the unique challenges of creating a will in a blended family and how to overcome them to prevent future conflicts
  • Exploring legal structures such (e.g. discretionary testamentary trusts, mutual wills, binding financial agreements, and binding or non-binding nomination forms) to ensure assets are properly handled
  • Additional considerations

Presented by Karolina Rzymkowska, Director, Perth Legal Collective; Recommended Wills & Estates Litigation Lawyer – Western Australia, Doyle’s Guide 2023

Opening Comments by the Chair
Session 2: Estates Planning & Asset Protection

Succession law is an evolving landscape. Join our thought leaders as they share the latest developments in the realm of estate planning, from managing complex asset structures to understanding various tax implications. Gain insights on the best approach to manage unique family needs and protect your clients from the ever-present risk of estate claims. 

Chair: Robert Nash, Barrister, Francis Burt Chambers; Recommended Wills & Estates Litigation Junior Council – Western Australia, Doyle’s Guide 2023

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on WA legislation

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

Presenters


Sally Bruce, TEP, Partner, Succession + Estate, Jackson McDonald
Sally Bruce joined Jackson McDonald in January 2008 and currently holds the position of Partner with that firm. For the past 20 years, Sally has practised predominantly in the areas of succession planning, estate , litigation, trusts, deceased estates and guardianship and administration. Sally is a member of the Law Society of WA and the Society of Trust and Estate Practitioners. She is also a member of the Elder Law and Succession Committee of the Law Society of WA and a member of the National Elder Law and Succession Committee of the Law Counsel of Australia.


Brendan Ashdown, Barrister, John Toohey Chambers
Brendan Ashdown has been admitted to legal practice for over 25 years. After founding his own firm, and later joining a mid-sized City firm, Brendan commenced practice at the bar in 2005 at John Toohey Chambers. Brendan undertakes trial and appellate work in a wide range of areas with an emphasis on equity & trusts, insolvency, contested wills & estates, and family law property matters (appeals, trust, company & third party issues).


Ann Spencer, Barrister, Francis Burt Chambers
Ann is a commercial barrister and joined Francis Burt Chambers in 2019. She has trial and appellate experience across a range of areas including property, trusts and estates disputes. As counsel she also is regularly provides opinions in complex areas and appears at mediations. Ann is approachable and pragmatic, as well as responsive to her client’s needs.


Karolina Rzymkowska, Director, Perth Legal Collective
Karolina Rzymkowska is a founding director of Perth Legal Collective, a boutique fixed price law firm operating out of Burswood. Karolina has practiced in the area of Wills, Estates and Commercial Law for over 15 years and has assisted clients with all aspects of their personal & business succession planning, estate dispute matters, deceased estate administration and commercial advice and documentation. Prior to founding Perth Legal Collective, Karolina held management roles and partnership positions in several well-known boutique law firms as well as leading the estates team at ANZ Trustees in WA and SA. Karolina has a strong interest in aged care and holds a board position with a local aged care and disability services provider. Karolina is also a fully qualified Collaborative Law Practitioner and is a member of Collaborative Professionals WA.


Lee-Ann Cartoon, Principal, Succession Solutions Perth
Lee-Ann Cartoon is an experienced tax and succession planning lawyer. She has worked throughout Australia and the UK advising clients ranging from global financial institutions and multinational energy and resource companies to high net wealth individuals. Lee-Ann's experience has given her an appreciation of the importance of approaching any matter commercially, logically and with the client's end goal front of mind. Lee-Ann has developed a particular interest in complex estate and succession planning and regularly advises and presents across these areas. Lee-Ann is a Member of the STEP WA State Committee, Chair of the STEP WA Membership and Promotion Sub-Committee and Member of the national STEP Membership and Promotion Sub-Committee. Lee-Ann has been recognised in Doyle's Guide since 2021 in the category of "Leading Wills, Estates & Succession Planning Lawyers - Western Australia". 1911AW01 Lee-Ann Cartoon is an experienced tax and succession planning lawyer. She has worked throughout Australia and the UK advising clients ranging from global financial institutions and multinational energy and resource companies to high net wealth individuals. Lee-Ann's experience has given her an appreciation of the importance of approaching any matter commercially, logically and with the client's end goal front of mind. Lee-Ann has developed a particular interest in the area of complex estate and succession planning and regularly advises and presents across these areas.


Maree van der Kwast, Senior Consultant, Private Clients Group, Jackson McDonald
Maree van der Kwast joined Dwyer Durack in 2001. She heads the Succession Department. In July 2005 Maree became a partner of Dwyer Durack and in July 2006 a director of Dwyers Legal Pty Ltd. Maree had always been interested in estates and gained first class honours from the University of Western Australia with a thesis about inheritance rights. Since being admitted to practice she has focused on litigation relating to equitable claims, action pursuant to the Inheritance Act and disputes about deceased estates, trusts and Wills. Maree also drafts Wills and administers non-contentious estates.


Peter Nevin, Partner, Taylor Smart
Peter Nevin is a Partner in the Commercial Litigation practice group of Taylor Smart Lawyers and Notaries. Admitted to practice in 1995, Peter's areas of expertise are wills and estate disputes, commercial litigation and employment law, with a particular interest in wills and estate litigation. He has acted as Counsel for executors, beneficiaries and claimants in relation to Family Provision Act claims, will disputes, capacity matters, estate administration disputes, and other contentious wills and estate matters, and was named by Doyle's Guide as a recommended wills and estate litigation lawyer in Western Australia in 2016 and 2017. Peter is a full member of the Society of Trust and Estate Practitioners.


Morgan Solomon, Director, Solomon Hollett Lawyers
Founding Director at Perth law firm Solomon Hollett Lawyers, Morgan has decades of experience in succession law, commercial, business, wills and estates and estate litigation. Prior to opening Solomon Hollett Lawyers along with Craig Hollett in 2015, Morgan was Director at one of Western Australia's leading midsized law firm. Morgan has particular interest in Wills, Contested Estates, Contentious Probate and Administration matters and currently is the author of the Lexis Nexis practical guides on non contentious probate, administration and Wills in WA. His Will drafting is also informed by a very broad range of commercial, business and litigation law experience. In recent years Morgan has held the positions of Vice Chair and then Chairman of the prestigious Law Australasia group of leading independent law firms across Australia and was a board member of the Prostate Cancer Foundation WA. A third generation West Australian lawyer, he also takes an active role in the State's cultural community, as a founding member of the WA Chamber of Culture and the Arts, holds an honours degree in fine art from UWA and, and sits as Chair of the statutory body the Arts and Culture Trust.


Damon Van Kempen​, Barrister, Francis Burt Chambers
Damon is a barrister at Francis Burt Chambers, practicing in commercial and estate litigation. Prior to joining the Bar, Damon was a solicitor at a Doyle’s listed firm, where he dealt with a variety of estoppel and trust claims, in both a commercial and succession context.


Robert Nash​, Barrister, Francis Burt Chambers
Robert Nash has been admitted to legal practice since 1987. He has practiced as an independent barrister for over 20 years at Francis Burt Chambers, is an accredited mediator, and is a member of STEP. In recent years his practice at the Bar has been primarily providing advice and acting as counsel in the areas of succession, estate administration, trusts, real property, and military discipline law. He is the Chairperson of the Racing Penalties Appeal Tribunal of Western Australia and was formerly the Head of Panel of the WA Navy Legal Panel.

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Wills and Estates Conference

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Wednesday, 6 March 2024
to Australia/Perth
CPD Points 7
$795.00
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Wednesday, 6 March 2024
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CPD Points 4
$505.00
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Wednesday, 6 March 2024
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CPD Points 3
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