Estates Litigation and Trusts Conference
Start time 29 Oct 2019 9:00am (Australia - Melbourne)
End time 29 Oct 2019 4:30pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker See full program for details.
Catering Includes morning tea, lunch and afternoon tea
Designed for Legal practitioners
Product Code C19040

Estates Litigation and Trusts Conference

29 Oct 2019 9:00am - 29 Oct 2019 4:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

Contact Reception on 03 8667 5667 to book your free 3rd place!

This conference will be chaired by:

Georgina Grigoriou, Barrister, Victorian Bar


Michael DG Heaton QC, Barrister, Victorian Bar

This conference covers complex Estates Litigation and Trusts issues and is designed for mid-senior level practitioners.

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


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

Presented by: Ron Jorgensen, Partner, Thomson Geer Lawyers

Total CPD Units: 6.0

Professional Skills: 1.0
Substantive Law: 5.0
(includes GST)