DIGITAL PROGRAM
2025 Wills & Estates Conference
WEDNESDAY 22 OCTOBER
Thank you for attending the ACT Law Society's 2025 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 Nexia Australia , event sponsor for the 2025 Wills & Estates Conference.
Conference Schedule
| 8:30am | Registration opens |
| 9:00am | Welcome and Introduction |
| 9:00am - 10:00am |
Understanding Capacity: A Medical Perspective on Legal Standards |
| 10:00am - 10:15am | Morning Tea |
| 10:15am - 11:45am |
Affidavits, Costs and Counsel in Succession Litigation |
| 11:45am - 12:45pm |
Ethics and Professional Responsibilty in Elder and Estate Law |
| 12:45pm - 1:30pm | Lunch |
| 1:30pm - 1:45pm | Committee Update |
| 1:45pm - 2:45pm |
Superannuation, Death and Taxes - A Practical Guide to Advising Clients |
| 2:45pm - 3:45pm | Challenging the decision of superannuation trustees presented by Renée Bianchi, 13th Floor St James Hall |
| 3:45pm - 4:00pm | Afternoon tea |
| 4pm - 5pm |
Succession Law: Some recent local cases |
| 5:00pm - 5:45pm | Networking |
UNDERSTANDING CAPACITY: A MEDICAL PERSPECTIVE ON LEGAL STANDARDS
Slide Deck
1 point in core area 4
Assessing a client's decision-making capacity is a key concern in wills and estates practice, particularly when working with older clients. This session will explore how medical professionals approach capacity assessments and how these align with legal requirements. We'll look at common clinical tools, the role of medical evidence in legal proceedings, and how lawyers can work effectively with health professionals to support sound decision-making and protect client interests.
DR. MARY ANN KUHL
GERIATRICIAN AND PHYSICIAN
MORE THAN MEDICINE
Dr Mary Ann Kuhl is a geriatrician and physician with extensive clinical experience in adult medicine. Dr Kulh began her specialist training at Royal North Shore Hospital, relocating to the ACT more than a decade ago to complete her specialist education. Dr Kuhl was instrumental in the establishment of the Medical Assessment and Planning Unit (MAPU) at The Canberra Hospital and is now the Director of MAPU at Calvary Hospital in Bruce. Dr Kuhl is a Clinical Examiner with the RACP and an active member of RACP training team across the ACT. She is a Senior Clinical Lecturer for the Australian National University Medical School (ANUMS).
AFFIDAVITS, COSTS AND COUNSEL IN SUCCESSION LITIGATION
Slide Deck
1 point in core area 4
In this insightful session, The Hon. Philip Hallen SC, former Supreme Court judge, drew on his unique perspective from both the Bench and the Bar to explore key litigation issues in elder and succession law. With a focus on the preparation and use of affidavits, the complexities of costs, and the critical questions practitioners should have been asking of counsel, he offered practical guidance informed by years of judicial and advocacy experience. It was a rare opportunity to gain strategic and procedural clarity from one of the profession’s most respected voices.
THE HON. PHILIP HALLEN SC
The Honourable Philip Hallen SC was appointed as an Associate Justice of the Supreme Court in July 2010 and then as a Justice of the Supreme Court in November 2012, sitting in the Equity Division, until his retirement. He was the Family Provision List Judge from March 2013 until February 2020 and then the Succession List Judge until August 2023. He was also a member of the ADR Committee of the Supreme Court for many years.
Prior to his appointment to the Supreme Court, and from the beginning of his practice at the Bar, Mr Hallen was a member of 13 Selborne Chambers.
As counsel and senior counsel, Mr Hallen was an accredited mediator included in the Bar Association’s General Accredited Mediators List. He conducted many, as well as appearing in many, mediations as counsel.
Whilst on the Bench, he conducted Judicial Settlement Conferences, which he found a useful tool in alternative dispute resolution.
With more than 40 years’ experience in civil litigation as a solicitor, barrister, Senior Counsel and, then Judge, Mr Hallen is available to act as a Mediator and facilitator in Australia. Areas of civil litigation in which Mr Hallen has specific expertise are Equity, Succession, Trusts, Commercial and Property Law, and Family Law.
ETHICS AND PROFESSIONAL RESPONSIBILITY IN ELDER AND ESTATE LAW
Slide Deck
1 point in core area 4
This session explored ethical considerations unique to estate planning, including obtaining competent instructions, managing conflicts when preparing wills for couples, and storing documents in safe custody. Through practical scenarios, it examined how to uphold professional responsibilities while navigating sensitive family dynamics, capacity concerns, and long-term client relationships.
KATIE BINSTOCK
THOMSON GEER
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.
SUPERANNUATION, DEATH AND TAXES - A PRACTICAL GUIDE TO ADVISING CLIENTS
1 point in core area 4
In this session, we examine the intersection between superannuation, succession and taxes and specifically:
- Considerations when advising clients on the passing of their superannuation on death;
- Reversionary pensions and binding death benefit nominations;
- The application of death benefit taxes and strategies that can be incorporated to minimise their application;
- The transfer balance cap and considerations on the passing of superannuation between spouses; and
- Proposed changes to superannuation.
VIK SUNDAR
MANAGING DIRECTOR
CLEAR LAW
With over 15 years experience as an estate planning and superannuation lawyer, Vik Sundar is the Managing Director of Clear Law, a boutique firm specialising in commercial law, tax, superannuation and estate planning, with offices in Canberra, Sydney, and Melbourne.
Vik is the author of four textbooks on estate planning, superannuation and tax, with his latest textbook, ‘Testamentary Trusts: Strategies and Precedents (4th edition)’, published by Lexis Nexis in 2024 containing dedicated chapters on super and tax.
Vik has a Bachelor of Commerce (UoW), Juris Doctor (ANU), Graduate Diploma in Legal Practice (ANU) and a Masters of Tax Law (USyd) and is the current President of the ACT Law Society.
CHALLENING THE DECISION OF SUPERANNUATION TRUSTEES
Slide Deck
1 point in core area 4
What does fair and reasonable decision-making by a trustee really look like—and what can you do if you disagree? This session explores the full lifecycle of a superannuation complaint, from internal review to AFCA and ultimately the Federal Court. Learn what evidence is most effective at each stage, how to focus your efforts strategically, and what makes a compelling submission. We’ll also cover how to manage estate disputes.
RENÉE BIANCHI
BARRISTER
13TH FLOOR ST JAMES HALL CHAMBERS
Renée Bianchi commenced practice as a barrister in 2013. She graduated from the University of Newcastle with a Bachelor of Biomedical Science (Honours) in 2004 and a Bachelor of Laws/Diploma of Legal Practice in 2007.
Renée has a diverse practice in equity, common law, and commercial matters. She particularly specialises in wills and probate, succession, general commercial law, and professional negligence.
Doyle’s Guide has listed her in its Wills and Estates Litigation Leading Lawyers list since 2016, as Preeminent Junior Counsel in this area in NSW and Leading Junior Counsel in Australia since 2024.
Renée is currently President of Australian Women Lawyers, Chair of the B Miles Women’s Foundation, and Co-Vice Chair of the Women Barristers Forum. She is also a member of the Law Council of Australia’s Equal Opportunity Committee and NSW Bar Association’s Succession and Protective Law Committee.
SUCCESSION LAW: SOME RECENT LOCAL CASES
1 point in core area 4
The session will touch on some recently-decided Succession cases, focusing on judgments of the ACT Supreme Court.
Please note, this session will not be recorded or live streamed.
IAN METZ
BARRISTER I BLACKBURN CHAMBERS
Ian Metz has been a barrister at Blackburn Chambers for five years. Prior to being called, he spent several years at a large national law firm and a year as an associate to a Judge in the Equity division of the NSW Supreme Court.
