Estate Administration and Probate Proceedings

Receive a toolkit that will assist you in handling common pain points in estate administration and probate. Be guided through administration of deceased estates, including assessments of information gathering, capacity and appropriate distribution. Unveil the secrets of taxation of deceased estates, navigate applications for Grants of Representation in tricky situations and investigate issues in executors commission and remuneration.

Wednesday, 6 September 2023
12.15pm to 1.15pm A Roundup of Issues in Executor’s Commission and Remuneration
  • Drafting and relying on remuneration clauses in wills
  • Obtaining informed consent from beneficiaries
  • Fiduciary obligations of solicitors, professional executors and lay executors
  • Recent decisions: executor’s remuneration and commission
  • Making an application to the Court for commission

Presented by Jack Conway, Senior Associate, Aitken Partners; Accredited Specialist Wills & Estates; Rising Star Wills and Estates, Doyle’s Guide 2022

11.15am to 12.15pm Navigating Applications for Grants of Representation in Tricky Situations
  • Limited/special grants
  • Informal Will applications
  • Contested applications

Presented by Rachael Hocking, Principal Solicitor, KHQ Lawyers; Accredited Specialist Wills and Estates; Recommended Wills and Estates Litigation Lawyer and Recommended Wills, Estates and Succession Planning Lawyer, Doyle’s Guide 2022

10.00am to 11.00am Executor’s Duties Unveiled: Taxation of Deceased Estates
  • Unlock secrets in identifying tax issues
  • Master the art of managing tax issues that arise
  • Gain practical techniques in resolving tax issues

Presented by Prudence Barker, Barrister, Chancery Chambers

9.00am to 10.00am Practical Guide to Considerations Involved in Administering Deceased Estates
  • Explore tools for planning ahead for each stage of the administration and managing expectations early
  • Navigate information gathering: preparing for probate, including where there is a question about capacity
  • Assess administration, exploring collection of assets, paying debts, keeping records
  • Evaluate distribution: know when it is appropriate to distribute the estate

Presented by Matilda Martinez, Head of Estate Administration, Legal Executive, KCL Law

Chair:

Sandra Karabidian, Barrister and Nationally Accredited Mediator, Chapman’s List Barristers

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

11.00am to 11.15am Morning Break

Presenters


Sandra Karabidian, Barrister and Nationally Accredited Mediator, Chapman’s List Barristers
Sandra is a barrister and a nationally accredited mediator with a broad commercial practice. She has specific expertise in the areas of equity, trusts, superannuation and deceased estates. Sandra has held a long-term interest in the international law of armed conflict, focusing on the experience of child soldiers. This interest motivated her to complete a Master's of Public and International Law at Melbourne University. Sandra is an updating author for Thomson Reuters's civil procedure commentary, 'Victorian Courts'. Sandra serves as an Assistant Convenor of the Women Barristers’ Association.


Prudence Barker, Barrister, Chancery Chambers
Prudence is a commercial barrister with a particular experience and specialisation in taxation law. With her business background, Prudence brings a combination of a sound commercial foundation and a practical understanding of taxation and commercial law. Specialising in taxation and commercial law, Prudence has experience in state taxes including land tax and payroll tax, and Federal tax matters relating to liquidations, capital gains tax, complex trust structures, Part IVA and GST. She has appeared in bankruptcy matters and general contract law matters in the Courts and Tribunals. Before coming to the Bar, Prudence worked at the Australian Taxation Office in the Tax Counsel Network providing specialist legal advice on matters under audit, objections and litigation. Prudence has previously worked at Ernst & Young in the corporate tax and tax controversy teams, with experience working for taxpayers in ATO audits and disputes, tax consulting, and compliance, and as CEO of BGP International, a fresh produce export company operating across 26 countries. At BGP she managed complex shipping and commercial disputes that arise in international business, and negotiated settlements on those disputes.


Rachael Hocking, Principal Solicitor, KHQ Lawyers
Rachael acts in all areas of Wills and Estates, including estate planning, administration and litigation and is also actively involved in trust, superannuation and family disputes. Rachael appreciates the sensitivity for many people in this area and works with her clients to ensure that they feel comfortable and well informed. Her role is to assist clients through each stage of the process with compassion, understanding and discretion. Rachael acts on behalf of individuals, families, trustees, trustee companies and businesses in all aspects of litigation concerning deceased estates, testator’s family maintenance claims, superannuation (including self-managed superannuation funds), VCAT guardianship list matters, Trusts, construction proceedings, property disputes, applications by trustees, and capacity.


Jack Conway, Senior Associate, Aitken Partners
Jack assists clients in the areas of estate planning, estate administration, trust and estate litigation, and administration and guardianship of persons with a disability. Jack has a special interest in navigating complex estate and trust issues, and is focused on giving clear, practical advice and offering sensible solutions for his clients. His clients include lay and professional executors and trustees, high net worth individuals, trustee companies, charities, lawyers and law firms, and everyday Australians. Jack is an Accredited Specialist in Wills & Estates (LIV), a full member of STEP, and a member of the Tax Institute. Jack has been recognised by Doyle’s Guide, and is a regular presenter to the legal profession and other professional and industry groups and has provided commentary for industry publications in his areas of expertise.


Matilda Martinez, Head of Estate Administration, Legal Executive, KCL Law
Matilda is the Head of KCL Law’s estate administration service, where she oversees a large volume of probate and estate administration matters. She has expertise in administering large, complex and sophisticated estates, as well as multifaceted and unusual applications for grants of representation in Victoria and most other Australian state jurisdictions, including foreign will applications. Matilda is a Fellow of the Institute of Legal Executives.

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Estate Administration and Probate Proceedings

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Single Session
Wednesday, 6 September 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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