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DIGITAL PROGRAM
2026 Wills & Estates Conference
TUESDAY 13 OCTOBER
Thank you for attending the ACT Law Society's 2026 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.
Feedback: We would love to hear about your experience at this workshop, so we can improve our CPD offerings in future. Please click here to complete a feedback form.
The Law Society is grateful to Nexia Australia , event sponsor for the 2026 Wills & Estates Conference.
Conference Schedule
| 9:00am | Registration opens |
| 9:30am | Welcome and Introduction |
| 9:30am - 10:30am |
Tips, Tricks and Troublesome traps - A view from the Bench |
| 10:30am - 10:50am | Morning Tea |
| 10:50am - 11:50am |
War on Trusts: The Essential Collection - Fortifying the Defences |
| 11:50am - 12:50pm |
Promises of Property and Detrimental Reliance: Identifying and running proprietary estoppel claims in estate disputes |
| 12:50pm - 1:50pm | Lunch |
| 1:50pm - 2:50pm |
Practical Tax Issues in Succession Matters: Planning, Administration and Disputes |
| 2:50pm - 3:10pm | Afternoon tea |
| 3:10pm - 4:10pm |
Ethics in Estate Practice: From Costs to AI |
| 4:10pm - 4:45pm | Networking |
TIPS, TRICKS AND TROUBLESOME TRAPS - A VIEW FROM THE BENCH
1 point in core area 4
Join The Hon. Justice Muller for a practical and engaging session offering a judicial perspective on the tips, tricks and troublesome traps that practitioners may encounter in wills and estates matters. Attendees will gain valuable insights into avoiding pitfalls and navigating complex issues more effectively. Guidance will be offered on improving your prospects of an ex-temp decision.
THE HON. JUSTICE MULLER
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The Honourable Justice Andrew Muller was sworn in as a Judge of the Court on 13 April 2026. At the time of this appointment, he was an Acting Judge. His Honour holds a Bachelor of Economics and Bachelor of Laws from Macquarie University and was admitted to practice as a solicitor in 1990 and later became Managing Partner at Hunt & Hunt, then Moray & Agnew. His Honour was called to the Bar in 2011 and served as President of the ACT Bar Association from 2020-2022. Whilst at the ACT Bar, he was a member of Key Chambers and practised in a wide range of civil matters. He was appointed Senior Counsel in 2023.
WAR ON TRUSTS: THE ESSENTIAL COLLECTION - FORTIFYING THE DEFENCES
1 point in core area 4
Interstate judgments Re Owies v JJE Nominees Pty Ltd [2022] VSCA 142 (an appeal from Re Owies Family Trust [2020] VSC 716) and Cardaci v Cardaci [2023] WASCA 158 (an appeal from Cardaci v Cardaci [2021] WASC 331) demonstrate some of the problems that can arise in the administration of discretionary trusts. Craig Birtles will review what went wrong and the steps which might be taken to prevent or ameliorate potential problems.
Power to approve arrangements to vary trusts
This session will also address the statutory power to approve arrangements for variation of trusts which is legislated interstate but not yet in the Territory. Are these powers too broad or too narrow, and what is the case for similar legislation in the Territory?
CRAIG BIRTLES
BARRISTER I TWO WENTWORTH
Craig obtained a Bachelor of Commerce and Bachelor of Laws at the University of Sydney in 2007. From 2008 to 2017, he was a solicitor with Teece Hodgson & Ward. In 2014 Craig became an Accredited Specialist in Wills & Estates, before surrendering the accreditation (with his solicitor’s practicing certificate) when called to the Bar in 2017. Craig is a member of Two Wentworth Chambers, Sydney.
Craig is a member of the Society of Trust & Estate Practitioners, and of the Succession & Elder Law Committee of the NSW Bar Association. He is a co-author with R Neal of the 8th, 9th and 10th editions of Hutley's Australian Wills Precedents (LexisNexis Butterworths), 2013, 2016 and 2021 respectively. Craig was recognised in the 2025 Doyle’s Guide as one of the preeminent Estate Litigation Junior Counsel in New South Wales and Australia and by Best Lawyers as the 2026 Lawyer of the year in Trusts & Estates.
Craig has appeared in all manner of estate litigation and general equity proceedings in the Supreme Court of NSW and regularly presents CPD papers on those topics.
PROMISES OF PROPERTY AND DETRIMENTAL RELIANCE: IDENTIFYING AND RUNNING PROPRIETARY ESTOPPEL CLAIMS IN ESTATE DISPUTES
1 point in core area 4
Promises about the future ownership of a family home, farm or business can generate proprietary estoppel claims that sit uneasily beside testamentary freedom, family provision and complex asset structures. This practical session deals with how to identify, plead and prove those claims. Drawing on Bushell v George [2025] NSWSC 1347 and Wright v Kennedy [2026] NSWSC 834, Nicholas Olson will examine what amounts to a clear and unequivocal promise, how to establish reliance on such a promise and resulting detriment and how estoppel claims interact with family provision proceedings. Nicholas will also address how unit trusts, companies and the transfer of registered title prior to the determination of an estoppel claim can affect the formulation of the claim and the relief available.
NICHOLAS OLSON
BARRISTER I BURLEY GRIFFIN CHAMBERS
Nicholas Olson is a barrister at Ground Floor Wentworth Chambers in Sydney and Burley Griffin Chambers in Canberra. Called to the Bar in 2017, he practises principally in equity, commercial law, insurance, professional liability and disciplinary matters. He regularly appears in trials and appeals throughout Australia, with particular experience in trusts, property and estate disputes. Nicholas appeared for the proprietary estoppel claimant in Wright v Kennedy [2026] NSWSC 834. Before coming to the Bar, he worked as a solicitor and in-house counsel.
PRACTICAL TAX ISSUES IN SUCCESSION MATTERS: PLANNING, ADMINISTRATION AND DISPUTES
1 point in core area 4
From succession planning and will drafting through to estate administration and disputes, tax issues can materially affect outcomes for clients. This session will examine common tax issues arising in succession matters and provide practical guidance on identifying and managing them across the planning, administration and dispute stages.
ANMOL KAURAH
MANAGER I NEXIA CANBERRA
Anmol Kaurah is a specialist Australian and UK tax adviser focusing on private client, estate and cross-border tax matters. He advises individuals, executors and professional advisers on complex tax issues involving deceased estates, trusts, capital gains tax, inheritances and cross-border assets. His practice has a particular focus on UK and Australian matters where assets, estates or family arrangements span both jurisdictions.
ETHICS IN ESTATES PRACTICE: FROM COSTS TO AI
1 point in core area 1
A practical session examining the ethical rules that apply to succession law practice. Topics include professional responsibilities, client and practitioner conflicts, costs and charging issues, and the opportunities and risks associated with using AI in estate planning, administration and litigation matters.
KATIE BINSTOCK
PARTNER I THOMSONS
Katie specialises in succession, elder, regulatory, and administrative law. In succession law, she excels in estate planning, administration, and litigation, crafting comprehensive estate plans and guiding clients through disputes. She navigates elder law matters such as guardianship applications and elder abuse suspicions. In regulatory and administrative law, Katie advises on complaint management, investigations, and appeals, representing clients in Tribunals and Courts. With a commercial and solutions-driven approach, she resolves disputes effectively.
