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Succession Law Bundle VIC

Earn all 10 CPD points with the VIC Succession Law Bundle, featuring two of our bestselling programs—delivered live online for your convenience! Gain key insights at the Victorian Wills and Estates Law Summit, covering critical topics like informal wills, elder abuse remedies, testamentary trusts, and trustee responsibilities. Then, fulfill your core CPD competency requirements with Ethics, Professional Skills, and Practice Management, designed specifically for Wills and Estates lawyers. Don’t miss this essential bundle to stay ahead in succession law!

Description

Attend and earn 10 CPD units including:
7 units in Substantive Law
1 unit in Practice Management and Business Skills
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
This program is based on VIC legislation

Ethics, Professional Skills and Practice Management for Wills and Estates Lawyers

Thursday, 13 March 2025

The session will address risk management for solicitors and clients, focusing on client circumstances, relevant legislation, and considerations when preparing wills and estate planning documents. It will also explore the obligations of lawyers acting as executors, examining potential conflicts of interest and recent case law regarding executorial duties. 

Description

Attend and earn 3 CPD units including: 
1 unit in Ethics & Professional Responsibility 
1 unit in Practice Management & Business Skills 
1 unit in Professional Skills 
This program is applicable to practitioners from all States & Territories

Chair

Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist, Wills and Estates Law

4.00pm to 4.15pm Afternoon Tea
Practice Management
4.15pm to 5.15pm Risk Management for Solicitors and Clients

 

  • Identifying the client’s circumstances
  • Legislation and Regulations
  • Remembering ‘First Principles’
  • Making a will
  • Other estate planning documents
  • Potential family provision claims
  • Solicitors’ negligence 

Presented by Mark Squire, Practice Group Leader- Wills and Estates, Vinden Lawyers 

Ethics & Professional Responsibility
2.00pm to 3.00pm Lawyers Acting as Executors: Conflict or Breach of their Duties

 

  • The nature of executor’s obligations where a lawyer is acting as executor
  • Can an executor resign
  • What happens if there is a conflict of interests
  • What are executorial duties and can the lawyer charge for those
  • What is considered a breach of duty
  • Recent caselaw dealing with executors’ behaviour
  • Practical points and tips for lawyers acting as executor 

Presented by Irina Hoskinson, Barrister, Latham Barristers

Professional Skills
3.00pm to 4.00pm Tips & Tricks with Mediation in Estate Litigation: Perspectives from a Mediator and a Solicitor

 

  • When to mediate? Selecting a mediator, face to face, collaborative online, audiovisual teleconferencing or a hybrid form?
  • Barristers: Why brief? When to brief?  Benefits for clients and contributions to mediation process
  • Mediation preparation: promoting process to clients, mediation and confidentiality agreements, position papers and opening statements
  • Support persons: their role and place in a mediation
  • Disclosing new information, evidence or claims: when and how to address (and respond) fairly and effectively
  • What is the meaning of a “good faith” mediation?
  • Making the most of the mediator during mediation
  • Delightful and difficult opponents: mediation styes and strategies 

Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist, Wills and Estates Law; recognised as Preeminent Estate Litigation Lawyer- New South Wales, Doyle’s Guide 2024, and Martin Gorrick, Mediator, Gorrick Mediations 

 

Register for this session only

Wills and Estates Law Summit

Tuesday, 18 March 2025

Whether you’re a planner, administrator, or litigator, elevate your wills and estates practice with this succession law intensive! Delve into critical concerns like trustee responsibilities and potential liabilities alongside maladministration by attorneys, ensuring you understand how to navigate these complex issues effectively. Navigate testamentary trusts and asset protection, while gaining insights into practical steps when dealing with informal wills. As elder abuse becomes increasingly relevant, explore remedies and legal principles to protect vulnerable clients. With 7 CPD units available, make your professional development enhance your practice.

Description

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

11.40am to 12.30pm Informal Wills: The Basics and Recent Cases

 

  • Basic principles of admitting an informal will to probate – and differences between formal and informal Wills
  • How to make an application to admit an informal will to probate, including practical tips as to the affidavit in support and submissions
  • Typical scenarios involving informal wills
  • Recent cases illustrating the legal principles in action
  • Informal Wills and multi-jurisdictional estates: lessons from Re Tang 

Presented by Joshua Sheppard, Barrister, Greens List Barristers

Session 2: Estates and Elder Abuse Disputes


Chair: Ines Kallweit, Accredited Specialist in Wills & Estates and a member of the Society of Trust and Estates Practitioners, KHQ Lawyer

2.30pm to 3.20pm Attorneys Behaving (Very) Badly

 

  • Common disputes arising in respect of administration of estates
  • Maladministration by powers of attorney
  • Removal applications
  • Recent case updates
  • Costs orders and compensation 

Presented by Paul Beasant, Principal Lawyer, KCL Law, Leading Estates Litigation Lawyer and Recommended Wills and Estates Lawyer, Doyle’s Guide 2024, and Ainsley Atkins, Senior Associate, KCL Law

3.20pm to 3.35pm Afternoon Tea
3.35pm to 4.25pm Elder Abuse: Guardianship List Remedies and Beyond

 

  • Elder abuse and the realities of VCAT’s Guardianship List
    • Unpacking will and preference
    • Review of recent decisions
  • Undue influence/unconscionable conduct claims
  • Statutory will applications
  • Alternate dispute resolution and non-legal avenues for remedy 

Presented by Hayley Hunter, Suzanne Lyttleton Lawyers, Doyle’s Guide Leading Estate Litigation Lawyer for 2024 and Accredited Specialist in Wills & Estates Law, and Lachlan Einsiedel, Senior Associate, Suzanne Lyttleton Lawyers, Chartered Tax Advisor, Doyle’s Guide Rising Star for Wills and Estates 2024 and Accredited Specialist in Wills & Estates Law

4.25pm to 5.15pm Exercise of Trustees'/Executors'/Superannuation Trustees' Discretion and How to Challenge It

 

  • Grounds upon which discretions exercised by a trustee can be challenged
  • Exercise of discretions granted to a guardian and appointor
  • Practical considerations following the Owies case
  • Death benefits disputes involving the exercise of discretion by a superannuation trustee
  • Exercise of discretion by executors under powers granted under a will and a testamentary trust, including the status of an expression of wishes 

Presented by Dr Philip Bender, Barrister and Nationally Accredited Mediator, List A Barristers

Session 1: Estate Planning and Administration Roundup


Chair: Jennifer Maher, Director, Velocity Legal

9.00am to 9.50am Latest and Greatest Case Law Update


Presented by Tim Staindl, Barrister, Greens List Barristers

9.50am to 10.35am Testamentary Trusts and Asset Protection: Traps and Tips, Facts and Myths

 

  • Asset protection features of testamentary trusts
  • Drafting tips to promote protective features
  • Practical guidance on protective trust administration
  • Preparing at the planning stage to meet future claims 

Presented by Greg Russo, Director of Greg Russo Law, Recommended Lawyer in Wills and Estates, Doyle's Guide 2024

10.35am to 10.50am Morning Tea
10.50am to 11.40am Duties and Responsibilities of Trustees: Avoiding Potential Personal Liability

 

  • Investment duties
  • Good faith in decision making
  • Impartiality
  • Accounting
  • Managing conflicts of interest 

Presented by Shane Newton, Barrister, Lennon’s List Barristers, Leading Junior Counsel in Wills and Estates, Doyle's Guide 2024 

12.30pm to 1.15pm The Removal of an Executor

 

  • Executor duties
  • Legal principles
  • Practice and procedure
  • Recent cases 

Presented by Simon Crawford, Partner, and Angela Liaskos, Senior Associate, HWL Ebsworth Lawyers

2.00pm to 2.30pm Rule of Forfeiture in Probate: A Contemporary Review

 

  • What is the rule?
  • When and how should one approach the court?
  • Who should approach the court?
  • Common problems and issues in forfeiture applications
  • Analysis by reference to recent decisions of the practical implications for wills and estates practitioners  

Presented by Simon Pitt KC, Greens List Barristers, Preeminent Senior Counsel for Wills & Estates Litigation, Doyle’s Guide 2024 

Presenters

Simon Pitt KC, Greens List Barristers
Although he has a broad commercial trial-based practice, Simon specialises in complex litigation in the Trusts, Equity and Probate List of the Supreme Court, usually involving questions regarding deceased estates, family trusts, superannuation, the Corporations Act or testamentary capacity. Simon regularly prepares and presents papers in wills and estates; trusts, equity and probate; commercial litigation and Supreme Court practice and procedure. Simon is available to advise and appear in all State and Federal jurisdictions.

Jennifer Maher, Director, Velocity Legal
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 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 a large number of family provision claims and has been involved in numerous estate and trust litigation cases as well as several significant cases in wills, estate and equity matters including cy-près applications. Jennifer has also been appointed as 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, including assisting and advising attorneys and guardians as to their duties, assisting with the transition to aged care and appearing at VCAT in contested administration and guardianship disputes.

Greg Russo, Director, Greg Russo Law
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.

Ines Kallweit, Principal Lawyer, KHQ Lawyers
Ines Kallweit leads the Wills & Estates team at KHQ Lawyers. She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and Notary Public. She is also a member of the Society of Trust and Estates Practitioners. Ines advises clients in all areas of estate planning, estate administration and estate litigation. Ines’ practice ranges from estate planning, the preparation of wills and powers of attorney to complex estate administration and estate litigation.  Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates.  Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving wills, property, estate and guardianship matters. Ines’ expertise includes succession planning and asset structuring, advice in relation to and preparation of powers of attorney, appointment of medical treatment decision makers and advanced care directives. She also looks after applications for grants of probate and letters of administration, guardianship & administration matters (including VCAT appearances), will and trust disputes, family provision claims (seeking further provision from deceased estates) and resealing international & interstate grants of probate. Her expertise also includes charitable gifts & cy-prés applications, and complex estate administration (including as court appointed administrator). Ines also has a keen interest in promoting legal education.  She has a Master of Teaching and is a former adjunct lecturer at the College of Law.  She speaks for various professional development providers including the Law Institute of Victoria, Leo Cussen Institute and Television Education Network. Ines is a native German speaker. Ines is widely regarded as one of the country’s leading practitioners in this area of law, and has been recognised as a preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles Guide for ten consecutive years (2015-2024).

Ainsley Atkins, Senior Associate, KCL Law
Ainsley is a Senior Associate in the Estate Group at KCL Law. Her practice focuses on wills and estate disputes, trust disputes, contested probate applications, and guardianship and administration. She advises private clients, high-net-worth estates and trusts, trustee companies, and professional advisers on a wide range of estate-related matters. Prior to joining KCL Law, she gained experience in estate and civil litigation at a Melbourne law firm. Admitted to practice in 2017, Ainsley holds First Class Honours in Law from Monash University.

Lachlan Einsiedel, Senior Associate, Suzanne Lyttleton Lawyers
Lachlan is an Accredited Specialist in Wills and Estates Law with extensive experience in estate planning, VCAT guardianship and administration, and estate litigation. Recognized as a Rising Star by Doyles Guide in 2023 and 2024, Lachlan holds a Bachelor of Laws and a Bachelor of Commerce (Accounting). As a Chartered Tax Adviser with the Tax Institute of Australia, he uses his expertise to help clients navigate tax considerations in estate planning, administration, and litigation. Lachlan also assists with complex financial investigations and disputes involving tax, estates, trusts, and self-managed superannuation funds.

Tim Staindl, Barrister, Greens List Barristers
Tim maintains a broad practice across commercial law and the common law. He has particular expertise in equity, trusts and deceased estates. He is regularly briefed (both led and unled) in matters involving proprietary estoppel, estate administration disputes and testators family maintenance claims. Tim is a member of the Commercial Bar Association Probate & Related Property Section, and was named in the 2025 Doyle's Guide list of Leading Wills & Estates Litigation Barristers in Victoria. Prior to the Bar, Tim was Associate to the Honourable Justices McMillan and Gorton. He assisted their Honours in all types of matters within the Common Law Trial Division. Tim began his career as a solicitor at a boutique firm in Hawthorn. He has also taught Trusts at Monash University.

Shane Newton, Barrister, Lennon’s List Barristers
Shane Newton holds a Bachelor of Laws (Hons) degree from the University of Melbourne and was called to the Bar in 1980. He is a Member of the Supreme Court of Victoria Probate Users Committee. Shane is author of 'Protecting a Will' Federation Press, published in 1991 and which deals with the law relating to claims under Part IV of the Administration and Probate Act 1958 (and its analogues in other jurisdictions) as well as other will related topics. He practices exclusively in the Trusts Equity and Probate jurisdiction (including claims under Part IV of the Act) and has done so for more than 30 years and has appeared in a number of significant cases in the jurisdiction.

Joshua Sheppard, Barrister, Greens List Barristers
Joshua practices in trusts, equity and probate at the Victorian Bar, regularly providing advice regarding the validity of wills, the construction of wills and trust deeds, executors’ and trustees’ duties, and the prospects of estoppel and family provision claims. He was an associate to the Honourable Justice Moore of the Supreme Court of Victoria and assisted his Honour with family trusts and wills and estates matters. Prior to being called to the Bar, Joshua practised as a solicitor at Allens and the Victorian Government Solicitor’s Office in litigation.

Paul Beasant, Principal Lawyer, KCL Law
Paul is a principal lawyer at KCL Law’s Estate Group, representing clients in complex litigated matters involving contested wills, estate disputes, and trust disputes. He has extensive experience advising families and individuals on all aspects of wills, estates, and trust-related matters. Paul has a particular expertise in matters involving capacity disputes, including disputes regarding the validity of wills, undue influence, and guardianship and administration matters, including applications to the Victorian Civil and Administrative Tribunal for the appointment or revocation of guardians, administrators, and attorneys. He regularly handles litigation on behalf of individuals with disabilities and provides advice on financial abuse and elder law issues, breaches of duties by attorneys, and VCAT and estate administration. Paul has been recognised in the Doyle's Estates & Litigation Guide as a leading wills and estates litigation lawyer in Victoria since 2021.

Hayley Hunter, Principal Lawyer, Suzanne Lyttleton Lawyers
Hayley practises exclusively in wills, estates, guardianship and administration, with particular focus on complex litigation matters, both in the Supreme Court and VCAT. Hayley has worked for one of Victoria’s largest trustee companies giving her unique insight into the vulnerabilities of persons under a disability and their needs when under administration. She is an Accredited Specialist in Wills and Estates Law, and was recognised by Doyle’s Guide as a recommended lawyer for Wills and Estates Litigation in 2023 and a leading lawyer for Wills and Estates Litigation in 2024. Hayley is the Chair of the Law Institute of Victoria’s Elder Law Executive Committee and a director of the Board of Council On the Ageing (COTA) Victoria. She is a passionate advocate against elder abuse and represents the Law Institute at the Elder Abuse and Safeguarding Roundtable, run by the Victorian Government’s Department of Families, Fairness and Housing.

Dr Philip Bender, Barrister and Nationally Accredited Mediator, List A Barristers
Dr Philip Bender is a barrister practising in various areas of commercial and property law, including taxation, superannuation, and trusts. Philip is also a Nationally Accredited Mediator, a Chartered Accountant and a sessional member of an administrative tribunal. In the trusts area, he has acted in matters that involve will/trust deed interpretation, trustee/executor removal applications, breach of trustee/executor duties cases, taxation/duty disputes, and judicial advice. He has also advised and acted in a number of disputes involving charitable trusts, including for the Victorian Attorney-General.

Simon Crawford, Partner, HWL Ebsworth Lawyers
Simon joined national law firm HWL Ebsworth as a partner in the firm's Litigation Practice Group in June 2010.  Prior to joining HWLE, Simon was a partner at another national law firm. From 2001 to 2008, Simon worked in-house at Australia and New Zealand Banking Group Limited, where he was Head of the bank's Dispute Resolution Group and Deputy General Counsel, Institutional Division.   Simon acts for financial services clients on dispute related matters, including all aspects of lending and non-lending loss.  Simon also acts for a number of professional Trustee organisations and charities on a wide range of trusts and estate disputes.   A skilled negotiator, Simon has participated in numerous mediations and has completed a 5 day mediation workshop conducted by LEADR, the first step towards achieving national specialist accreditation in mediation.   Simon is a member of the Law Institute of Victoria's Alternative Dispute Resolution Committee.  

Angela Liaskos, Senior Associate, HWL Ebsworth Lawyers
Angela Liaskos is a Senior Associate at HWL Ebsworth, with broad experience in commercial, contractual, property and estate dispute resolution. Angela works with private clients, corporations, health boards and charities in a wide range of disputes which are litigated through both formal court proceedings as well as alternative resolution processes such as mediation. Angela specialises in deceased estate disputes, contests and challenges. She has acted for both administrators and beneficiaries of estates, as well as claimants seeking provision from estates. Angela has provided extensive assistance to a number of charities on a pro bono basis, including the Australian Red Cross Society, The Salvation Army, the Royal Children's Hospital Foundation and the Breast Cancer Research Foundation to name a few.

 

Register for this session only

Succession Law Bundle VIC

Succession Law Bundle VIC

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

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The session will address risk management for solicitors and clients, focusing on client circumstances, relevant legislation, and considerations when preparing wills and estate planning documents. It will also explore the obligations of lawyers acting as executors, examining potential conflicts of interest and recent case law regarding executorial duties. 

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Whether you’re a planner, administrator, or litigator, elevate your wills and estates practice with this succession law intensive! Delve into critical concerns like trustee responsibilities and potential liabilities alongside maladministration by attorneys, ensuring you understand how to navigate these complex issues effectively. Navigate testamentary trusts and asset protection, while gaining insights into practical steps when dealing with informal wills. As elder abuse becomes increasingly relevant, explore remedies and legal principles to protect vulnerable clients. With 7 CPD units available, make your professional development enhance your practice.

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The session will address risk management for solicitors and clients, focusing on client circumstances, relevant legislation, and considerations when preparing wills and estate planning documents. It will also explore the obligations of lawyers acting as executors, examining potential conflicts of interest and recent case law regarding executorial duties. 

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Whether you’re a planner, administrator, or litigator, elevate your wills and estates practice with this succession law intensive! Delve into critical concerns like trustee responsibilities and potential liabilities alongside maladministration by attorneys, ensuring you understand how to navigate these complex issues effectively. Navigate testamentary trusts and asset protection, while gaining insights into practical steps when dealing with informal wills. As elder abuse becomes increasingly relevant, explore remedies and legal principles to protect vulnerable clients. With 7 CPD units available, make your professional development enhance your practice.

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[{date=13/3/25, venue=Sheraton Grand Sydney Hyde Park, zoom_event_id=mr-a7J9eRf6Q4eOEtAQ33g, seminar_description_for_website=

The session will address risk management for solicitors and clients, focusing on client circumstances, relevant legislation, and considerations when preparing wills and estate planning documents. It will also explore the obligations of lawyers acting as executors, examining potential conflicts of interest and recent case law regarding executorial duties. 

, timezone=Australia/Sydney, hs_object_id=22672311817, event_name=Ethics, Professional Skills and Practice Management for Wills and Estates Lawyers, id=22672311817}, {date=18/3/25, venue=InterContinental Melbourne, zoom_event_id=pV1Qqv-ZTjCCuh9JG7JFUA, seminar_description_for_website=

Whether you’re a planner, administrator, or litigator, elevate your wills and estates practice with this succession law intensive! Delve into critical concerns like trustee responsibilities and potential liabilities alongside maladministration by attorneys, ensuring you understand how to navigate these complex issues effectively. Navigate testamentary trusts and asset protection, while gaining insights into practical steps when dealing with informal wills. As elder abuse becomes increasingly relevant, explore remedies and legal principles to protect vulnerable clients. With 7 CPD units available, make your professional development enhance your practice.

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