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Recorded Webinars

Recorded Webinar: Testamentary Trusts: Holding Trustees to Account in Discretionary Decision-Making following Owie

Being a trustee of a testamentary trust brings with it great responsibility and sometimes onerous obligations, as highlighted by the recent Victorian Court of Appeal decision of Owies v JJE Nominees Pty Ltd [2022] VSCA 142. While in most cases the duties are carried out in accor
PRESENTED BY Hayley Mitchell Partner - Cooper Grace Ward Lawyers , Brisbane

Date/Time

About the Webinar

Being a trustee of a testamentary trust brings with it great responsibility and sometimes onerous obligations, as highlighted by the recent Victorian Court of Appeal decision of Owies v JJE Nominees Pty Ltd [2022] VSCA 142. While in most cases the duties are carried out in accordance with the law and testamentary powers, the courts have also had to deal with decision-making that goes beyond the powers and even into the realm of bad faith. This session will explore the duties of trustees and examine cases where the courts have had to intervene to remedy the situation, with a focus on the important decision of Owie. It covers:

  • Trustee discretionary powers and overriding duties
  • What must a trustee consider in exercising their discretion?
  • Does a trustee have to give a reason for their decision?
  • When can a discretionary decision be challenged and by whom?
  • What will the courts look at and what remedy can they order?
  • Drafting tips for discretionary powers in trust deeds
  • Key steps for trustees when exercising their discretion
  • Is there a good argument for not including discretionary decision-making in a trust deed?
  • Recent cases including: Owies v JJE Nominees Pty Ltd [2022] VSCA 142; Cardaci v Filippo Primo Cardaci as executor of the estate of Marco Antonio Cardaci [2021] WASC 331;Baba v Sheehan [2021] NSWCA 58; Mandie v Memart Nominees Pty Ltd [2020] VSCA 281; Marsella v Wareham (No 2) [2019] VSC 65

Presented By

Hayley Mitchell
Partner, Cooper Grace Ward Lawyers Brisbane, QLD

Hayley Mitchell is a Wills and estates specialist lawyer in Brisbane. Hayley has dual accreditation in succession law (Queensland) and self managed superannuation funds (through the SMSF Association).

Hayley’s expertise and specialist knowledge in Wills, estates and superannuation funds means that she can provide advice and assistance to clients in a range of matters:

  • estate planning, Wills, enduring powers of attorney and superannuation binding death benefit nominations
  • applications for probate and letters of administration
  • advice to executors and beneficiaries of estates
  • SMSF disputes and superannuation death benefit disputes
  • trust succession disputes
  • family provision applications, Will disputes and estate disputes
  • enduring power of attorney disputes.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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