Estates Litigation and Trusts Online Intensive (to Download)

Session 1: Will Rectification Applications – Complex Probate Proceedings. Session 2: Crisp Orders and Portable Life Interests.  Session3: Testamentary Trusts – Tax Benefits and Asset Protection. Session 4: Trust Deed Variation Clauses.

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
 

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, Moore’s

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

ISBN: 978-1-925857-68-9

What is included:

Videos of the presentation in mp4 format.

Paper materials in pdf format.

* This Webcast does not allow WA practitioners to claim CPD points