Wills, Estates and Advanced Care Planning Practicum

Session ID: 186V06
Date: Wednesday, 20 June 2018
Time: 02:00pm - 05:15pm
Venue: Intercontinental Melbourne, The Rialto, Lower Ground Meeting Rooms, 495 Collins Street, Melbourne

Face to face

Substantive Law: 1
Professional Skills: 2

State: VIC CPD:3
Standard Price $480.00
Early Bird Discount $395.00

Also available as

WEB186V06 Live Web Seminar OND186V06 Seminar Recording


Session Content

Date: Wednesday 20 June 2018
Time: 2.00pm to 5.15pm
Venue: InterContinental Melbourne The Rialto, 495 Collins Street

Attend and earn 3 CPD units including:
2 units in Professional Skills
1 unit in Substantive Law

This program is designed to get you up to date on the latest in advance care directives, fine tune your will drafting skills, enhance your understanding of financial wills and estates issues and help you to develop the strategies and knowledge needed to tackle the more complex wills and estates matters. You will have an opportunity to hear from highly experienced practitioners and walk away with advanced skills that you can immediately incorporate into your everyday practice.

Chair: Mercia Chapman, Senior Legal Counsel - TWS, Equity Trustees Limited

Professional Skills
Advance Care Directives and End of Life Care Management: Elder Law and Dying
Advanced care directives are sometimes referred to as a 'living will.' If properly drafted, it should contain directions for medical treatment that need to be considered before medical treatment decisions are made for a person. This session looks at the key issues, including:

  • Advanced care planning: essential planning checklist
  • What do advance care directives contain? Directions on medical decisions
  • Does the advanced care directive have to take a particular form?
  • When does the advance care directive apply?
  • Assessing who will make decisions for someone if they cannot do so
  • End of life care management: legal and ethical parameters
  • Spotlight on Victoria's assisted dying legislation
  • Case study: which jurisdictions have binding forms and which do not

Presented by Krista Fitzgerald, Principal, Moores

Professional Skills
Mastering Will Drafting

  • How to ensure the Will gives effect to the testator's wishes
  • Drafting legacies, bequests, devises and gifts of residue
  • Avoiding offensive and scandalous language
  • Drafting Wills for clients with overseas assets
  • Selecting an appropriate execution clause

Presented by Ines Kallweit, Principal, Aitken Partners; Preeminent Wills and Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle's Guide 2017

Financial considerations: SMSF, Super, CGT

  • Tax treatment of super death benefits
  • SMSF succession planning
  • Reversionary pensions
  • To BDBN or not to BDBN
  • Contributions: Opportunities and traps
  • Pensions post transfer balance cap
  • CGT position post transfer balance cap

Presented by Ross Higgins, Partner - Private Advisory, Chartered Tax Adviser, Mills Oakley


Chair:Mercia Chapman

Mercia Chapman holds the degrees of Bachelor of Arts from the University of Sydney and Bachelor of Laws from the University of Melbourne. Mercia was admitted to legal practice in 1976 and practised as a solicitor principally in the areas of probate, wills, trusts, estate planning and property for 15 years. She became a member of the Victorian Bar in 1991 practising in the areas of probate, wills, trusts and property. In 1994 she joined ANZ Trustees where she was Senior Legal Counsel for 20 years. In 2014 ANZ Trustees was acquired by Equity Trustees and she was acquired with the company. She is now Senior Legal Counsel at Equity. She is the author of articles in the Law Institute Journal on executor's commission, the Chapter on "Attacks on Estates after Grant" in Estate Litigation, the chapter on settled land in de Groot's Wills Probate & Administration Practice (Victoria) and the chapter on Executors in the Encyclopaedia of Forms and Precedents. Mercia is a Co-author of the Butterworths Court Forms Precedents & Pleadings (Victoria) -chapters on Estate Administration, Family Provision and Persons Under Disability. She is also the Co-author of the Limitation of Actions Handbook and Practical Forms and Precedents (Victoria). Her other activities include Past Chairman of the Victorian Branch of the international Society of Trust and Estate Practitioners, and she is a member of the Victorian Supreme Court Probate Users' Committee and the Law Institute of Victoria Succession Law Committee. In her spare time she is the Vice President of the Jane Austen Society of Melbourne and on the board of the Jane Austen Literacy Foundation. Mercia is also a frequent speaker at conferences and seminars on wills, estates and trusts.

Krista Fitzgerald

Krista Fitzgerald is a Principal in the Estate Planning & Probate team. Krista provides legal advice to financial advisors, accountants, lawyers, and their clients, primarily in the following areas complex estate planning matters, most commonly involving the use of testamentary trusts; preparation of strategic advice regarding potential challenges to an estate and the ways to minimise the risk of a successful challenge; the use and operation of trusts and other investment and business structures; self-managed superannuation funds and superannuation death benefits; asset protection; and taxation and duty issues related to the areas listed above. Krista has experience primarily in working with high net worth individuals and with owners of small to medium enterprises. She also presents and writes on estate planning topics.

Ines Kallweit

Ines Kallweit is a Principal in our Succession & Elder Law Team. She is an Accredited Specialist in Wills and Estates and recognised in Doyles' Guide as preeminent in her field. She advises clients in all areas of estate planning, estate administration and estate litigation. Ines' practice ranges from the preparation of Wills and Powers of Attorney to complex estate administration and estate litigation. Her broad knowledge in all areas of wills and estates allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates. Her estate litigation work involves both defending estates and representing individuals in seeking a fairer outcome. Ines was admitted to practice in 2000 and joined Aitken Partners in February 2018. In addition to her legal qualifications, Ines has a Master of Teaching and is an adjunct lecturer at the College of Law. Ines speaks for various professional development providers including the Law Institute of Victoria, Leo Cussen Institute and Television Education Network. Ines is fluent in German. Ines is also the Branch Membership Officer for STEP Victoria. For the third year running, Ines has been listed as a Preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles' 2015, 2016 and 2017 Guide to the Australian Legal Profession.

Ross Higgins

Ross has over 30 years' experience as a tax practitioner in Australia, providing services to local, national and international clients, accounting firms, other law firms, corporate and financial advisors and their clients on specialist tax issues. Ross brings a wealth of experience from advising on estate planning and deceased estates in relation to income tax (including capital gains tax) and superannuation issues. Ross has previously co- authored a book on superannuation for Thomson Reuters and acted as a special adviser to Government on public sector superannuation issues. Ross is on a Tax Technical Committee for The Tax Institute and is a regular presenter on tax topics.

Venue Details

Intercontinental Melbourne, The Rialto

Lower Ground Meeting Rooms, 495 Collins Street
Melbourne 3000

Ph: 0386271400


Parking: The hotel offers valet parking from $50.00 per vehicle.

Alternatively there are a number of public car parks within 5 minutes

walking distance from the hotel on either Collins Street or Flinders Lane.

The closest train station is Southern Cross Station and the Taxi fee from

the train station is about $10.00. No parking or travel costs are included

in the conference fee.

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