Chair
Ines Kallweit, Principal Lawyer, Accredited Specialist in Wills & Estates and a member of the Society of Trust and Estates Practitioners, KHQ Lawyers
Description
Attend and earn 0.5 CPD hour in Substantive Law
This program is based on VIC legislation
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
Presenters
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.
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).
