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Champion or Claimant? Executor Conflicts in Blended Families and Complex Estates

An executor who stands to gain personally from the estate is a common flashpoint in estate administration, and the recent cases show how quickly a conflict becomes a personal liability. This webinar works through the recurring conflicts and focuses on the practical choices that advisers, executors and family members face.  This webinar will cover:

  • Superannuation death benefits, where the executor is a possible claimant personally and not only on behalf of the estate    

  • Why timing matters, and how benefits received before appointment may be treated differently from benefits pursued afterwards

  • What protects a conflicted executor in practice, including disclosure, recusal, informed co-executors and an independently advanced estate claim  

  • The executor who wants to buy estate property or buy out a beneficiary's interest, and the difference between a transaction that is simply voidable and one that can be defended as fair

  • Family trusts, companies and multiple hats

  • Removal, and when a conflict shifts from theoretical to disabling, including why proving a conflict may not always enough without a workable replacement

  • Practical drafting and planning responses, including conflict authorisation clauses in the Will, choice of executor, independent administrators and judicial advice  

Who should watch

Estate & succession planning advisers, families and family business advisers and executors.

Level of expertise

This webinar is for persons with some knowledge or interest succession and estate planning.

Cost: $99.00
If you register more than one attendee, discounts apply:

2 attendees - $190 (normally $198, saving $8)
3 Attendees - $275 (normally $297, saving $22)
4 attendees - $355 (normally $396, saving $41)
5 attendees - $400 (normally $495, saving $95)

Sladen Smart Members: Free

Once you have registered you will be sent a receipt and then soon after a personalised link to access this webinar via zoom.

You can register up to 5 individual attendees (please contact us, should you require more than 10) each person will be sent a personalised link to join. You will be unable to share your link to the live webinar. The event will be recorded and emailed to all registered attendees the day after the event.


Presenter

Ed Skilton, Principal

Edward is a Business Law Principal with a particular focus on equity, trusts and succession.

One focus of his practice is on protecting vulnerable beneficiaries and others negatively affected by the decisions of the incumbent controllers of estates and trusts. He represents plaintiffs and defendants in the County Court and Supreme Court in matters relating to: 

  • The removal and replacement of executors and trustees of estates and trusts;

  • Applications for judicial interpretation of trust instruments, for example where there is a dispute as to whether a trustee had the power to do what has purportedly been done;

  • Disputes regarding the validity of wills;

  • Applications to have wills brought into Court; and

  • Applications for provision / further provision from deceased estates.

View Ed’s full profile here


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