DIGITAL PROGRAM
10th Annual ACT Wills and Estates Conference
THURSDAY 5 SEPTEMBER
Thank you for attending the ACT Law Society's 2024 Wills and Estates Conference
In keeping with the Law Society's committment to sustainability, papers relating to the workshop will be made available here for the benefit of registrants.
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The Law Society is grateful to Equity Trustees, event sponsor for the 10th ACT Wills & Estates Conference.
Conference Schedule
| 8:30am | Registration opens |
| 9:00am | Welcome and Introduction |
| 9:15am - 10:15am |
Managing Risk in Wills and Estates Practice |
| 10:15am - 10:35am | Morning Tea |
| 10:35am - 11:35am |
Navigating the Transition: Essential Legal Strategies for Business Succession and Exit Planning |
| 11:35am - 12:35pm |
Good Will Drafting and the ‘Rule’ in Saunders v Vautier |
| 12:35pm - 1:35pm | Lunch |
| 1:35 - 2:35pm |
Independent Administrators and their Duties |
| 2:35pm - 3:00pm | Afternoon tea |
| 3pm - 4pm |
Family Law and Disruption of Estates |
| 4:00pm - 5:pm | Drinks |
MANAGING RISK IN WILLS AND ESTATES PRACTICE
1 point in core area 2
This session looks at the reasons behind claims against wills and estates lawyers. Recent cases and claims are reviewed and practice tips suggested for lawyers engaged in estate planning and estate administration to help avoid complaints and negligence claims.
JENNIFER McMILLAN
MANAGER, PRACTICE SUPPORT SERVICES
LAWCOVER
Jen McMillan is Manager, Practice Support Services with Lawcover. She was admitted to practice in New South Wales in 1989 and in Western Australia in 1992. She is a Law Society of NSW Accredited Specialist in Wills and Estates and has experience in private practice, in-house with a trustee company, as an academic in the College of Law’s LLM (Applied Law) program and as a former Senior Member in the Guardianship Division of NCAT. She is a member of the NSW Law Society’s Property Law Committee and the co-chair of its Elder Law Succession & Capacity Committee.
NAVIGATING THE TRANSITION: ESSENTIAL LEGAL STRATEGIES FOR BUSINESS SUCCESSION AND EXIT PLANNING
1 point in core area 4
Australian private and family businesses are entering a pivotal transition period, with significant wealth and control shifting as owners retire or sell. Legal advisers can best assist by ensuring their skills address the unique challenges of business exits. Effective planning, along with Shareholder Agreements and Buy-Sell Agreements, is crucial. This session will explore key considerations for drafting and reviewing these critical documents to best ensure a smooth transitions, better decision-making for clients and to minimise to the extent possible the risk of subsequent litigation.
SHELLEY MULHERIN
PARTNER
THOMSON GEER
Shelley specialises in the resolution of corporate governance disputes, commercial and corporate contractual disputes and residential and commercial construction disputes. She regularly appears for clients in complex litigation in the ACT Supreme Court and Federal Court. In the management of litigation, Shelley has a detailed understanding of the complexities surrounding these disputes which commonly arise from or are related to the form of the underlying commercial structures, the nature of arrangements entered by the relevant parties, the viability of available security and funding matters. Shelley enjoys working with start ups, spin offs and challenger business models as well as with more established and mature operations.
GOOD WILL DRAFTING AND THE 'RULE' IN SAUNDERS V VAUTIER
1 point in core area 4
The so-called rule in Saunders v Vautier is often raised by beneficiaries in the context of trusts in an attempt to grasp the capital of the trust for their own direct, personal benefit. This presentation will discuss how the 'rule' work, what the limitations are, and go into practical considerations that practitioners need to consider when seeking to bust the trust for their clients.
TIMOTHY MORTON
CONSULTANT
GLASS GOODWIN
Timothy has been passionate about wills and estates law for his entire career. Tim's practice now has a particular focus on estate litigation though he continues to enjoy estate planning and some simple probates. Tim is now a regular presenter for the ACT Law Society and elsewhere, allowing him to explore interesting topics - such as this one - at a level that no client could be expected to pay for.
INDEPENDENT ADMINISTRATORS AND THEIR DUTIES
1 point in core area 4
In this session, we explore the role of an independent administrator, including the circumstances that necessitate their appointment and the jurisdictional differences between NSW and the ACT. We will examine the duties and responsibilities of a court-appointed independent administrator, highlighting any variations between final and interim appointments. Additionally, the session will address managing personal liability in this role.
TAMARA GOODWIN
LEGAL PRACTITIONER DIRECTOR
GLASS GOODWIN
Tamara is a legal practitioner director of Glass Goodwin Solicitors, a firm specialising in wills and estates law. Tamara is a Law Society Accredited Specialist in Wills & Estates. She regularly acts as a court appointed independent administrator of deceased estates both in NSW and the ACT. She has been recognised as a NSW leading & pre-eminent practitioner in Wills and Estates Litigation and Succession Planning in the 2015 to 2023 editions of the Doyle’s Guide.
FAMILY LAW AND DISRUPTION OF ESTATES
1 point in core area 4
Where estate planning has taken place in the context of an intact marriage or de facto relationship, the conduct of later property settlement proceedings under the Family Law Act 1975 has the potential to effect unexpected disruption of careful planning.
The seminal family law case of Stanford v Stanford (2012) 247 CLR 108 provides a stark example of such potential.
His Honour will work through the case to identify the ways in which the operation of the Family Law Act carried the potential to disrupt the previous arrangements of the parties (including as provided for in their separate wills) as their personal circumstances changed, as capacity was compromised and as case guardians became involved
JUSTICE GILL
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
The Honourable Justice Gill worked as a solicitor in the Legal Aid Commission of the ACT as a duty lawyer, commencing in 1993. From there his honour worked both in the criminal law and family law sections of the Commission before entering private practice in 1999. His Honour was called to the bar in 2003 practising in criminal law and family law, protection and family violence orders, human rights law and coronial inquests. Prior to appointment his Honour was president of the ACT Bar Association. The Honourable Justice Gill was appointed to Family Court of Australia in May 2016, to the Canberra Registry.
