Estates Litigation and Trusts Online Intensive (to Download)
Speaker Ines Kallweit, Mercia Chapman, Jennifer Dixon, Ron Jorgensen,
Date 29 Oct 2019
Duration 03:33:07
Product Code O19024
Total CPD Points: 3.0

Professional Skills: 1.0
Substantive Law: 2.0
(includes GST)

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