Wills and Estates Half Day Conference
Start time 16 Dec 2020 9:00am (Australia - Melbourne)
End time 16 Dec 2020 1:30pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practioners
Product Code C20042
Total CPD Units: 4.0

Ethics & Professional Responsibility: 1.0
Substantive Law: 3.0
(includes GST)

Wills and Estates Half Day Conference

16 Dec 2020 9:00am - 16 Dec 2020 1:30pm (Australia - Melbourne)
Live Stream Only

Super Sale Week Price 30% off: $315.00 (incl GST) – ends 7 December

Are the Kids Alright? Part IV claims by adult children  

In recent years the Courts have been prepared to allow Part IV claims by estranged adult children, finding that there is a moral duty to provide for the adult child, even where there has been a breakdown in their relationship with the deceased parent.

This session will explore Joss v Joss [2020] VSC 424 and other significant cases regarding the Court’s treatment of Part IV claims by adult children, and provide a review of other recent family provision cases involving adult children and step-children.

Presented by: Ines Kallweit, Principal Solicitor and Accredited Wills & Estates Specialist, KHQ Lawyers - Preeminent Wills & Estates Litigation Lawyer 2020 /  Preeminent Wills, Estates & Succession Planning Lawyer 2020 - Doyle's Guide.

Superannuation Death Benefits – Key considerations 

Recent decisions including Wareham v Marsella [2020] VSCA have once again focussed attention on binding death benefit nominations.  These cases highlight the importance of the decisions and processes followed by Trustees, in order to ensure that superannuation death benefits are given to the intended recipients and according to appropriate decision making.

This session will provide guidance on the processes that Trustees of self-managed  superannuation funds must follow when determining who will receive superannuation benefits from a deceased member, both when a nomination has been made and when one has not.

Presented by: Nathan Yii, Principal Lawyer, Chartered Tax Advisor and SMSF Specialist Advisor, Nathan Yii Lawyers - Preeminent Wills, Estates & Succession Planning Lawyer – Victoria, 2020 - Doyle's Guide.

Solicitor - Executors – An ethical minefield?      

It is well understood that solicitor-executors need to clearly delineate between work undertaken as the solicitor for the estate and work undertaken as an executor. 

Whilst this assists with determining when it is appropriate to charge legal fees and/or executor’s commission, the separation of the two roles raises significant ethical questions.  If something goes wrong with the administration of an estate, will a solicitor-executor be protected by their professional indemnity insurance, given that they are not acting in their capacity as a legal practitioner?  What legal and ethical obligations apply to a solicitor-executor acting in their capacity as an executor only? 

This session will consider the ethical ramifications of the increasingly difficult task of acting as a solicitor-executor.

Presented by: Daniela Pavlovic, Principal Lawyer, Harwood Andrews - Wills, Estates & Succession Planning Lawyers – Victoria, 2020 - Doyle's Guide.

Loan, Gift or Expense? Advancing funds and avoiding fights       

It is increasingly common for older family members to loan or pay monies to their children or grandchildren.  But when the lender dies, disputes often arise over whether the money was intended to be a gift, a loan that still forms part of the estate, or should simply be considered an expense of the testator.  This can particularly be an issue where funds have been used to improve a child’s property, in order to accommodate the testator, or have otherwise become intermingled.

This session will consider the various funding and loan options available, including how to select the most appropriate strategy for estate planning purposes.  It will also look at recent cases examining these issues and how to advise clients if a dispute has already arisen.

Presented by: Allan SwanDirector - Estate Planning Equation – Preventative Law - Leading Wills, Estates & Succession Planning Lawyer 2020 - Doyle's Guide