The Probate Office and COVID-19 – Supreme Court Update
This session will discuss recent changes and updates to the Probate Office and will discuss how this may affect you during the pandemic. This session will also cover recent changes to the Trusts, Equity and Probate List and how the Court is operating during COVID 19.
This session will discuss:
- Applications for probate and administration – changes to processes at the Probate Office during COVID 19;
- Alert! Redcrest- Probate – How will this work? Delayed commencement and new commencement date;
- Changes to the Supreme Court (Administration and Probate) Rules 2014 (Probate Rules) that came into effect on 15 April 2020;
- The introduction of a Judicial Registrar to manage the Trusts, Equity and Probate List; and
- Changes that have occurred to processes in the list as a result of COVID-19.
Presented by: Kate Price, Deputy Registrar – Common Law Division, Deputy Prothonotary, Supreme Court of Victoria
Impacts on Executors During COVID-19
Executors and administrators are facing some significant challenges during COVID-19 however it is critical that the administration of estates continues to be dealt with in a timely manner and that the estate isn’t left exposed or vulnerable to challenge.
This session will discuss the challenges executors are facing during COVID-19 and the critical considerations that an executor will need to take into account. This session will include:
- The administration of estates and how this is more complicated during COVID-19;
- Dealing with delays and restrictions imposed by COVID-19 yet still meeting deadlines;
- Managing the relationship with beneficiaries eg. Pressure to distribute the estate urgently during COVID-19;
- Property considerations during COVID-19: Disposal of property, plunging property and share prices, limiting tax implications, CGT implications;
- Part IV Claims – Assessing any potential challenges early on, minimising risk to the estate;
- Challenges of protecting the assets of the estate during COVID-19;
- Executor seeking advice during COVID-19 and its challenges eg. Financial advisors etc
Protecting Vulnerable Clients During COVID-19
This session will consider the most vulnerable clients and will discuss the warning signs to be aware of and the ways in which you can protect them. This session will include:
- Undue Influence and elder abuse during COVID-19 – The questions to ask your client if you suspect this is happening, the warning signs;
- Testamentary capacity – Assessing capacity during COVID-19 and the implications of the restrictions in making this assessment;
- New clients – Tips when managing vulnerabilities in new clients;
- Providing advice to your client in an aged care facility; explaining their rights, advising them of the warning signs;
- Reviewing your clients ‘emergency provisions’ in their resident agreements and advising accordingly;
- Preparing wills for your client in an aged care facility.
Witnessing Documents for Wills & Estates Lawyers – COVID-19
This session will discuss the current legislative requirements surrounding document witnessing and will discuss the new approaches and measures introduced to the witnessing of documents during COVID-19. This session will cover the following:
- Alert! COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020;
- Affidavits for Probate applications;
- Enduring Powers of Attorney; and
- Appointments of Medical Treatment Decision Makers;
- Statutory Declarations;
- Verification of Identity ;
- Taking Instructions, Giving Advice and Witnessing documents using current technologies – What are the current legislative requirements? – Skype, Zoom, DocuSign, Epen, Email, copy and pasting of electronic signatures etc;
- The limitations of these technologies;
- Video conferencing risk management issues when witnessing and signing wills and affidavits.