Wills & Estates Summit Victoria

Chart your course in Wills & Estates with this in-depth seminar. Dive into the latest case law and estate planning updates. Pick up strategies for managing estate plans involving Division 7A loans, unwinding complex estate plans, drafting affidavits for litigation success, and application for Constructive Trust and Estoppel

Thursday, 21 March 2024
Session 1: Wills & Estates Disputes & Litigation

The world of estate litigation can be complex. Elevate your wills & estates litigation proficiency and refine client-centric strategies in Session 1. Explore the legal nuances of cross-border estate disputes, adeptly navigate proceedings for family provision claims, and learn mediation strategies for alternative dispute resolution. 

Chair: Kathy Wilson, Principal, Kathy Wilson Legal; Leading Wills & Estates Litigation Lawyer – Victoria, Doyle’s Guide 2023; Recommended Wills, Estates & Succession Planning Lawyer – Victoria, Doyle’s Guide 2023

10.00am to 11.00am Promises to Keep It Out: Equity’s Role in Wills & Estates Disputes: Constructive Trusts and Estoppel

 

  • Introduction and the equitable claims of Constructive Trusts and Estoppel
  • Recent case law update
  • Practice tips and strategies

Presented by Dan Coombes, Barrister, Owen Dixon Chambers West; Member, Commercial and Family Law Bar Associations; Lecturer, Legal Practice Management, RMIT

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Navigating Legal Quandaries of Cross-Border Estate and Disputes

 

  • Understanding and establishing a deceased’s domicile
  • Determining the validity of foreign wills
  • TFM claims: Deadlines, jurisdiction and enforcement
  • Considerations of international estates

Presented by Jack Conway, Senior Associate, Aitken Partners; Wills, Estates & Succession Planning Law Rising Star – Victoria, Doyle’s Guide 2023

Professional Skills
12.15pm to 1.15pm Mediation of Family Provision Disputes

 

  • The context in which mediation occurs, including civil procedure obligations and available evidence
  • How to adequately prepare for mediation
  • On-the-day mediation management

Presented by Adam Craig, Barrister, Owen Dixon Chambers West

Professional Skills
2.00pm to 2.45pm Wills Done Right: Practical Pointers and Common Blunders

 

  • Essential strategies for crafting comprehensive and airtight wills that reflect your clients' true intentions
  • Avoiding common pitfalls and legal traps in the will drafting process
  • Practical tips for ensuring your wills stand up to scrutiny and effectively distribute assets

Presented by Ines Kallweit, Principal Solicitor, KHQ Lawyers; Accredited Specialist in Wills & Estates; Best Lawyers 2024, Trusts & Estates

4.30pm to 5.15pm Strategic Estate Planning for Blended Families

 

  • Minimising the risk of family provision claims
  • Balancing the interests of new family members and those from a previous relationship

Presented by Daniel Kelliher, Accredited Wills & Estates Specialist, Eastern Bridge Lawyers

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
3 units in Professional Skills

This program is based on VIC legislation

Professional Skills
9.00am to 10.00am Getting It Right the First Time: Affidavits and Pre-litigation Tips for Family Provision and Probate Proceedings

 

  • Common drafting and admissibility issues for TFM and Probate affidavits, with examples
  • Crafting affidavits which are persuasive and effective
  • Avoiding headaches down the track by making good decisions at the pre-litigation stage of TFM and Probate proceedings, with examples of cases gone awry

Presented by Joshua Sheppard, Barrister, Owen Dixon West Chambers

Session 2: Wills Drafting and Estates Planning for Asset Protection

Stay ahead of the ever-changing legal landscape with a deep-dive into estate planning. Navigate the complexities of asset structures in blended families and unpack the intricacies of tax considerations related to company loans. Pick up tips & tricks for will drafting and master best practice for managing unpaid present entitlements, fortifying your clients against potential estate claim risks. 

Chair: Jennifer Maher, Director, Velocity Legal; Accredited Specialist in Wills & Estates; Leading Wills, Estates & Succession Planning Lawyer – Victoria, Doyle’s Guide 2023

2.45pm to 3.30pm Unwinding the Estate Plan: Wrapping up Complex Administration and Avoiding Potential Pitfalls

 

  • Multi-entity estate administration
  • Understanding CGT small business concessions in post death business sales
  • Navigating trust vesting and winding-up scenarios (including Special Disability Trusts, inter vivos trusts and Self-Managed Super Funds) and the rule in Saunders v Vautier
  • Handling lost trust deeds
  • Ensuring compliance with SRO’s requirements
  • Managing inter-jurisdictional legal issues
  • Staying up-to-date with ATO’s requirements, including the latest updates on PCG 2018/4

Presented by Greg Russo, Principal Solicitor, Greg Russo Law; Accredited Specialist in Wills & Estates; Recommended Wills & Estates Litigation Lawyer – Victoria, Doyle’s Guide 2023; Recommended Wills, Estates & Succession Planning Lawyer – Victoria, Doyle’s Guide 2023

3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Navigating the Terrains of Estate Plans Involving Company-to-Shareholder/Other Entity Loans

 

  • Determining which assets will form part of your client's estate
  • To forgive or not to forgive: loans and unpaid present entitlements
  • Division 7A loans and unpaid present entitlements: Bendel v Commissioner of Taxation [2023] AAA 3074
  • Division 7A loans and death

Presented by Andrew Henshaw, Managing Director, Velocity Legal; Chartered Tax Advisor and Jennifer Maher, Director, Velocity Legal; Accredited Specialist in Wills & Estates; Leading Wills, Estates & Succession Planning Lawyer – Victoria, Doyle’s Guide 2023

Presenters


Mr. Greg Russo, Principal Solicitor, 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


Dan Coombes, Barrister, Owen Dixon Chambers West
Dan practises in commercial litigation, insolvency, estate litigation and property disputes in the Family Law jurisdiction. He completed his law degree at Melbourne University and holds a BA and GDLP from the ANU. Prior to coming to the bar, Dan was a judge’s associate in the Supreme Court of Victoria. He also holds the ARITA Advanced Certificate in Insolvency. Dan is regularly briefed in TFM matters, statutory will applications and Superannuation disputes.


Mr. Joshua Sheppard, Barrister, Owen Dixon Chambers West
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.


Ines Kallweit, Principal Solicitor, 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 seven consecutive years (2015-2022).


Adam Craig, Barrister, Owen Dixon Chambers West
Adam practices in wills, trusts, equity, probate, tax, and property. He is briefed regularly in testator family maintenance (TFM) disputes in the County Court and the Supreme Court, and in equitable claims, where probate is contested, and in applications involving estate or trust administration. Adam also provides specialist advice in relation to the taxation of trusts and deceased estates.


Daniel Kelliher, Accredited Wills & Estates Specialist, Eastern Bridge Lawyers
Daniel Kelliher has practised at Eastern Bridge since July 2018, following 13 years heading the Estates and Estate Planning team at Russell Kennedy. Daniel’s practice encompasses all aspects of Estate Planning & Trusts advice; Probate and Estate Administration; Estate, Trusts & occasional Superannuation Litigation. Daniel is immediate past Chair of the Victorian Branch of the Society of Trust and Estate Practitioners (STEP) and is also a former Chair (2016-2018) of the Law Institute of Victoria (LIV) Specialist Advisory Committee for Wills and Estates. In April 2005, Daniel graduated from Macquarie University with a Master of Law in Financial Services. He has been an LIV Accredited Wills & Estates Specialist since July 1996. Daniel’s interests outside the law centre on his family, home renovation and gardening, epicurean pursuits and touring.


Jack Conway, Special Counsel, Hamilton Locke Private
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.


Andrew Henshaw, Managing Director, Velocity Legal


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.

243V24

Wills & Estates Summit Victoria

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Thursday, 21 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$795.00
Face to Face 20240625 20240321

Face to Face

Register
Online 20240625 20240321

Online

Register
On Demand 20240625 20240321

On Demand

Register
Morning Session
Thursday, 21 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Face to Face 20240625 20240321

Face to Face

Register
Online 20240625 20240321

Online

Register
On Demand 20240625 20240321

On Demand

Register
Afternoon Session
Thursday, 21 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
Face to Face 20240625 20240321

Face to Face

Register
Online 20240625 20240321

Online

Register
On Demand 20240625 20240321

On Demand

Register
Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here