CPD Programs

Will Rectification Applications – Complex Probate Proceedings

A court may make an order to rectify a will to carry out the intentions of a will maker, if the court is satisfied that the will does not carry out the will maker’s intentions where:

• a clerical error was made, or

• the Will does not give effect to the will maker’s instructions.

This session will discuss the process and implications of rectification applications and will include:

• Application for rectification of the will pursuant to Section 31 of the Wills Act (1997);

• Seeking clarification of the will pursuant to Supreme Court (General Civil Procedure) Rules 2015;

• Evidence of the will-makers intentions – the application process, preparing/ what is to be included in the Summons;

• Time limitations in Victoria and other states and territories;

• Outline of the deficiencies the court found in RE Hely; Application by Arbuthnot & Donohue (2018) VSC 614;

• Recent case update.

Presented by: Ines Kallweit, Principal Solicitor and Accredited Wills & Estates Specialist, KHQ Lawyers - Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2018.

Crisp Orders and Portable Life Interests

This session will cover:

• What is a Crisp Order?

• Pro’s and Con’s of Crisp Orders

• When alternative accommodation is required for the surviving spouse – eg. Retirement village/aged care facility bond etc

• Beneficiaries disputing Crisp Orders;

• Issues arising in blended families;

• Case studies.

Presented by: Mercia Chapman, Senior Legal Counsel, Equity Trustees

Challenging Superannuation Death Benefits – Remedies Available for Aggrieved Beneficiaries and Dependants

Superannuation death benefits may make up a substantial pool of a deceased assets, and whether you are acting for the Executor or the beneficiaries, understanding the rules and dealing with the trustee of a superannuation fund is not straightforward. This session will discuss the rules surrounding a fund trustee’s decision and the remedies available to an aggrieved beneficiary or dependant. This session will cover:

• The Superannuation Trustee’s discretion;

• Preparing a death benefit claim;

• Contesting a Superannuation Trustee’s decision;

• Taxation of death benefits;

• The Complaints and Appeals Process in the Courts;

• The AFCA Approach to Superannuation Death Benefit Complaints;

• Notable and recent cases.

Presented by: Michael Clohesy, Principal Lawyer, Aitken Partners

and

Jack Conway, Associate, Aitken Partners

Testamentary Trusts - Tax Benefits and Asset Protection

A Testamentary Trust is created by a will and will come into effect when a person dies. Whether you have been instructed to draft a testamentary trust or act for a client who has received inheritance via testamentary trust, it is vital that the trust is implemented correctly and based on sound legal advice.

This session will cover:

• The tax benefits of testamentary trusts;

• Tax planning and asset protection;

• Dealing with vulnerable beneficiaries – minors, warring siblings, divorce, health issues including addiction, and/or disability;

• Managing bankruptcy and litigation risk;

• Income streaming;

• The advantages and disadvantages of testamentary trusts;

• Case updates and examples.

Presented by: Jennifer Dixon, Practice Leader, Accredited Wills & Estates Specialist, Moores

A Matter of Trust – Family Trust Disputes

This session will cover the following:

• The use of Discretionary Trusts in estate planning;

• Vesting and CGT concerns;

• Trustee duties;

• Dispute resolution clauses;

• “Unsatisfactory” allocations of income;

• An overview of recent cases including Trani v Trani (2018) VSC 274.

Presented by: Sandra Karabidian, Barrister, Victorian Bar

Trust Deed Variation Clauses 

This session will cover:

• Interpreting Variation Clauses;

• Tips when Drafting Variation Clauses and Powers;

• Problematic Trust clauses;

• Preparing Deeds of Declarations of New Powers;

• Alternative options such as court powers, winding up the trust, new trust etc