Begin with a trio of presentations that bridge key gaps: SMSFs and estate planning, death and de facto relationships, and enduring powers of attorney and guardianship. Explore new frontiers on the evolving role of letters of wishes in trusts and the unexpected legal challenges in estate matters, from crypto to stolen personal effects. Learn how to make a succession practice last – and keep your well-earned fees. And strategically protect against family provision claims using testamentary trusts, or effectively challenge trustee decisions, with insights from the Owies Case on breach of duty.
Attend and earn 7 CPD units including:
5.5 units in Substantive Law
1.5 units in Practice Management and Business Skills
This program is based on WA legislation
Chair: Rein Squires, Barrister, Francis Burt Chambers
- Tax
- Death Benefit vs Member Benefits
- Estate planner’s tools
- Documentation
Presented by Yikai Hoe, Founding Director, Provident Lawyers
We will share with you some of the quirks of estate lawyer life with you and encourage you to share your own experiences.
- Personal effects being stolen by the beneficiaries
- Witnessing anomalies
- Multiple families at the same time
- Having the deceased’s ashes in your office
- Crypto investigations & storage
Presented by Donnelle Hestelow, Partner, and Teressa Maines, Associate, Mills Oakley
Chair: Stuart Shepherd, Barrister, Murray Chambers
- From whom are we taking instructions?
- Importance of regular review of client documents and circumstances
- Planning from a global perspective
- Capacity considerations
- Complexity of documents and client understanding
- Issues that can arise on giving effect to a will
- Tips and traps to avoid
Presented by Lee-Ann Cartoon, Principal, Succession Solutions Perth
- How to effectively challenge decisions made by trustees and executors, including breach of duty claims
- Insights from the Owies Case
Presented by Craig Gregson, Director, Gregson and Associates
- Understanding the de facto relationship: legal definition of a de facto relationship under WA State legislation and its implications for wills, intestacy, and family provision claims
- Navigating superannuation benefits: distinction between de facto relationships under WA State legislation and the SIS Act for superannuation purposes
- Key case law analysis in WA Supreme Court (Keremestevski v McLeod, Curwood v Codde) and Federal Court (Nguyen v Australian Financial Complaints Authority)
- Implications for wills, intestacy, and family provision claims
Presented by Michelle Bennett, Barrister, Francis Burt Chambers
- Applications and legal processes: navigating the appointment of guardians and administrators, and intervention in enduring powers of attorney and guardianship
- Capacity assessment and restoration: key factors in assessing and restoring capacity, including medical opinions, legal standards, and the role of professionals and family
- Independent oversight: the importance of independent oversight in managing care needs and estate affairs
- Legal documentation and requirements: understanding prescribed forms, including necessary details like appointer’s date of birth and revocation processes
- Section 56 and case studies: insights into Guardianship Act s 56, challenges to revocations, and practical case law examples
Presented by Kylie Pritchard, Associate, Cullen Macleod Lawyers; Wills, Estates & Succession Planning Law Rising Star, Doyle’s Guide 2024
Examine the impact of letters of wishes on:
- Existing inter vivos trusts
- Testamentary trusts
- The exercise of trustee discretions and powers
- The construction of wills and trusts
Presented by Brendan Ashdown, Barrister, John Toohey Chambers; Leading Wills & Estates Litigation Barrister, Doyle’s Guide 2024, and McLane Edinger, Partner, Hall & Wilcox; Leading Wills & Estate Litigation Lawyer, Doyle’s Guide 2024
- From a contentious, non-contentious and solicitor/client perspective
- Obligations under the Legal Profession Uniform Law and the legal costs determinations
- Practice and procedure
Presented by Kellie Woods, Barrister, Francis Burt Chambers
- Strategic asset protection features of testamentary trusts
- Drafting techniques to strengthen protective features and practical guidance on protective trust administration
- Planning for future claims
- Evolving legal standards for testamentary capacity: including recent case law and how testamentary trusts can mitigate the impact of disputes
Presented by Beverley Sorrell, Director and Lawyer, Croftbridge; Leading Wills and Estates Lawyer and Recommended Estates Litigation Lawyer, Doyle’s Guide 2024, and Rebecca Thomas, Lawyer, Croftbridge; Estates & Succession Planning Law Rising Star, Doyle’s Guide 2024
Presenters
McLane Edinger, Partner, Hall & Wilcox
McLane specializes in estate, will, and trust disputes, as well as complex estate administration and financial elder abuse. He has acted on several high-profile, large-scale estate disputes in the Supreme Court of Western Australia and the Court of Appeal, including cases involving multi-jurisdictional estates. He also advises clients on will construction, validity, and interpretation, and provides guidance to legal personal representatives and trustees on estate and trust administration, including applications for directions under the Trustees Act 1962 (WA) and Administration Act 1903 (WA). McLane is recognized in Doyle’s Guide to the Australian Legal Profession (2023 and 2024) for his work in Wills & Estate Litigation in Western Australia.
Beverley Sorrell, Lawyer, Croftbridge
Beverley practices in wills and estate planning, probate and administration of estates, inheritance claims and estate disputes. Beverley also acts on behalf of clients in guardianship and administration matters in the State Administrative Tribunal. Beverley prides herself in providing an exceptional client service and is focused on assisting clients reach a cost effective stress free resolution. Beverley has a special interest in utilising collaborative practice as a form of dispute resolution focusing on the clients’ needs to achieve better outcomes.
Rein Squires, Barrister, Francis Burt Chambers
Rein is a commercial barrister with experience in the areas of contract law, property rights, guardianship and administration matters and the administration of trusts and deceased estates. Rein has been listed as a leading and recommended barrister in Western Australia in Doyle’s Guide for Wills & Estates Litigation (2024 and 2023, respectively). He is a committee member of the Society of Trust and Estate Practitioners of Western Australia (STEP WA) and chairs its policy sub-committee. Rein is also a member of the national policy committee of the Society of Trust and Estate Practitioners Australia Limited (STEP Australia).
Yikai Hoe, Founding Director, Provident Lawyers
Yikai is the founder of Provident Lawyers. Yikai practices in superannuation and tax law and assists business clients and professional advisers with a myriad of legal solutions on all types of superannuation, tax compliance and commercial matters. He also delivers tailored estate planning and succession strategies to high net worth clients and is a SMSF Specialist Advisor (SSA), Chartered Tax Adviser (CTA) and Trusts and Estate Practitioner (TEP). He has presented on various superannuation, tax, estate and succession planning and commercial law topics.
Craig Gregson, Director, Gregson & Associates
Craig was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in November of 2011. He holds a Bachelor of Laws (LLB) from Edith Cowan University (WA) and a Masters of Applied Law majoring in Wills and Estates Practice (LLM)(NSW) from the College of Law. Craig is a current Ph.D candidate at the University of Western Australia in Succession law reform. His thesis focuses on Avoidance of Family Provision Law in Australia and Notional Property. Craig is a part time member of Mental Health Tribunal (a jurisdiction which hears reviews of involuntary treatment orders and other applications made under the Mental Health Act 2014 (WA).
Stuart Shepherd, Barrister, Murray Chambers
Stuart Shepherd is an independent barrister. He is an effective trial and appellate advocate with more than 20 years litigation experience. Stuart has worked in Perth and London. As a member of Murray Chambers, Stuart provides considered advice and persuasive advocacy at both trial and appeal in a broad range of practice areas. He has a particular interest in equitable claims. He is a member of the WA Bar Association and the Chancery Bar Association of England and Wales. In addition to his corporate and commercial practice, Stuart also accepts instructions in defamation and probate and family provision claims, disciplinary, property, and some criminal matters including financial crime. Stuart is an Adjunct Professor of Law at Curtin University and previously the University of Western Australia, lecturing in advocacy and civil procedure. He is also a teacher in Curtin University’s Professional Legal Training course. Between 2011, Stuart was the Chairman of the Legal Aid Commission of Western Australia. At various times Stuart has been a member of the Brief Editorial Committee and the legal member of Joondalup Health Campus Human Research Ethics Committee.
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).
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".
Michelle Bennett, Barrister, Francis Burt Chambers
Michelle practices broadly in commercial and administrative law. She has a particular interest in equity, trusts and deceased estates. Michelle combines her extensive dispute resolution experience, legal skills and strategic instinct to provide pragmatic advice and assist clients to achieve their best outcomes. Michelle joined Francis Burt Chambers in 2024, having joined the Victorian Bar in 2019. Michelle practises in both Perth and Melbourne and regularly appears as counsel for, and advises, a range of public and private clients on matters including family provision claims, contentious estate proceedings and trusts, contract, property and consumer law disputes.
Kellie Woods, Barrister, Francis Burt Chambers
Kellie’s practice includes deceased estate and Family Provision Act matters, trusts, corporate and commercial litigation and dispute resolution, insolvency and legal costs. Before being elected to the Bar, Kellie worked in commercial litigation and recoveries and restructuring, most recently as a Managing Associate at Dentons Australia. Kellie has a wide range of litigation experience having appeared as Counsel in the Magistrates, District, and Supreme Court and State Administrative Tribunal in addition to appearing regularly in the Federal Court and Federal Circuit and Family Court of Australia. Kellie is known for her thorough and accurate legal advice and her eye for attention to detail. She has advised a wide range of individual, commercial and corporate clients, providing a solution-focussed, commercial and pragmatic approach. In addition to her legal work, Kellie is a member of the Law Society Council, the Law Society Costs Committee and Elder Law Committee. Kellie enjoys giving back to the legal community by preparing articles and presenting at CPD events. In 2019, Kellie was the State’s Highest Achiever in the Australian Restructuring Insolvency & Turnaround Association’s (ARITA) Fundamentals of Insolvency qualification.
Kylie Pritchard, Associate, Cullen Macleod Lawyers
Kylie Pritchard is an experienced lawyer specialising in Wills, Estates, and Succession Planning, recognised as a Doyle’s Guide 2024 Rising Star. With over 20 years in the legal industry and a Bachelor of Laws (LLB) with Distinction from Murdoch University, Kylie is known for her expertise in drafting complex estate planning documents, including testamentary trust Wills, enduring powers of attorney and guardianship and superannuation binding death benefit nominations. She also provides guidance on administering deceased estates, probate applications, and the Passing of Accounts in the Supreme Court of Western Australia. Kylie is passionate about delivering practical legal insights to empower clients and professionals navigating the complexities of estate and succession planning.
Rebecca Thomas, Lawyer, Croftbridge
Rebecca Thomas graduated from the University of Sheffield with a Bachelor of Laws and was called to the Bar of England and Wales in 2008. After relocating to Perth in 2013, she was admitted to the Supreme Court of Western Australia in 2017. Her practice focuses on Wills and estate planning, estate administration (including preparing applications for grants of probate and administration), and contentious trust and estate matters, including bringing and defending family provision claims. In recognition of her expertise, Rebecca was named a Will, Estates, and Succession Planning Rising Star in Western Australia by Doyle’s Guide in 2022, 2023, and 2024. She is currently enrolled in a Master of Applied Law, specializing in estate planning and wills and estates.
Donnelle Hestelow, Partner, Mills Oakley
Donnelle is an experienced lawyer specializing in estate planning, estate administration, and estate litigation. She advises on all aspects of estate law, with a focus on developing comprehensive estate plans. Her work includes guiding executors and beneficiaries on probate, preparing letters of administration for intestate estates, and handling matters related to Wills, including disputes. Donnelle also provides expertise in the preparation of Enduring Powers of Attorney, Enduring Powers of Guardianship, and end-of-life decision-making documents. She has advised on entity structuring and has extensive experience with power of attorney disputes, particularly cases involving misuse by attorneys. Donnelle holds a Bachelor of Laws (1st Class Hons) and a Bachelor of Commerce (Professional Accounting, 1st Class Hons) from Murdoch University, as well as a Graduate Diploma of Legal Practice and a Diploma of Financial Planning. She is a member of the Society of Trust and Estate Practitioners (STEP) and the Law Society of Western Australia. Recognized as a Leading Wills, Estates & Succession Planning Lawyer by Doyle’s Guide, Donnelle also received a Murdoch University Vice Chancellor’s Commendation for academic excellence.
Teressa Maines, Associate, Mills Oakley
Teressa is an Associate at Mills Oakley in the Private Advisory Team. She assists clients in estate planning and estate administration. A full member of the Society of Trust and Estate Practitioners (STEP), Teressa holds a Master of Laws (Applied Law) in Estate Planning and Wills and Estates. She was recognised as a Wills, Estates & Succession Planning Law Rising Star by Doyle’s Guide in 2022 and 2024.