Estate Administration and Probate Proceedings
Delve deep into solemn form applications for probate and solemn form proceedings. Gain an analysis of the latest succession law cases and trends that you need to know. Understand the intricacies around citations and unusual grants.. In one morning catch up on everything you need to know about the seemingly simple and the definitely not so simple areas of estate administration and probate.
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: Prue Poole, Principal, McInnes Wilson Lawyers; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019 and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
9.00am to 10.00am: What’s New in Succession Law
A review of recent cases and legislative changes that will keep you up-to-date in your Wills and Estate practice including:
- Key points from recent Queensland cases
- Snapshot of changes to the Succession Law Act and the UCPR
- Trends to know about from QCAT and interstate cases
Presented by Margaret Arthur, Partner, CRH Law; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
10.00am to 11.00am: Citations and Unusual Grants
- When to use a citation to take a grant or apply for letters of administration
- Special and limited grants: practical tips on when and how to apply
- Reseals and exemplifications
- Leave reserved and double probate
Presented by Scott Whitla, Partner, McCullough Robertson; Accredited Specialist in Succession Law; Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019 and Preeminent Wills & Estates Litigation Lawyer, Doyle’s Guide 2020; Best Lawyers 2020, Trusts and Estates and Halie Beaumont, Senior Associate, McCullough Robertson
11.00am to 11.10am: Break
11.10am to 12.10pm: Solemn Form Applications for Probate and Solemn Form Proceedings
- The differences between common form and solemn form grants
- Equitable law undue influence vs probate undue influence
- When is it appropriate to seek to have a probate caveat removed?
- When does a solicitor who drafted the will in question have to provide a statement of evidence
- Tips and procedure for solemn form proceedings
Presented by Prue Poole, Principal, McInnes Wilson Lawyers; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019 and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2020 and Katie Worsnop, Senior Associate, McInnes Wilson Lawyers; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
12.10pm to 1.10pm: Admissibility of the Testator's Testimonial and Non-testimonial Statements in Estate Administration Disputes
- Will validity and construction disputes
- Will variation and rectification disputes
- Validity of inter vivos gifts
Presented by Charles Wilson, Barrister-at-Law, Inns of Court
Presenters
Prue Poole, Principal, McInnes Wilson Lawyers
Prue Poole was admitted as a solicitor in 2002 and qualified as an Accredited Specialist in Succession Law in 2011 when she was assessed as the highest achiever. As an accredited specialist, Prue has experience in all areas of succession law with particular expertise and interest in Estate Administration and Estate Litigation. She often acts as the independent administrator of deceased estates or as a litigation guardian. Prue is a regular presenter for McInnes Wilson Lawyers, Legalwise and the Queensland Law Society. Prue is also a member of the Queensland branch of the Society of Trust and Estate Practitioners (STEP).
Margaret Arthur, Partner, CRH Law
Margaret Arthur is an Accredited Specialist in Succession Law. Her main areas of practice are a wide gamut of elder law issues; Capacity issues and Guardianship & Administration matters including applications to QCAT; Disputes arising out of Enduring Powers of Attorney; Disputes arising out of Wills and Estates including issues over the incapacity of the will-maker. Margaret is a member of the management committee of Caxton Legal Centre and a member of the Health & Disability Committee with the Queensland Law Society. She is a former part-time Member of the QCAT.
Scott Whitla, Partner, McCullough Robertson
Scott Whitla is a partner with McCullough Robertson Lawyers, heading up its Equity and Private Client group. Prior to practicing as a solicitor, Scott previously worked in the financial services industry with financial planners and business bankers. He is a QLS accredited specialist in Succession Law and his practice areas include interpretation and contesting of wills, equitable claims and family provision applications, tax effective succession planning, estate administration and applications to QCAT.
Halie Beaumont, Senior Associate, McCullough Robertson
Halie Beaumont has practiced exclusively in the area of succession law for the past 9 years. Halie advises clients in the planning, administration and litigation phases of succession law. She enjoys assisting her clients navigate the often complex legal and emotional issues that succession law presents. Halie keenly seeks opportunities to mentor junior solicitors and law students.
Charles Wilson, Barrister-at-Law, Inns of Court
Charles Wilson is a barrister-at-law of the Supreme Courts of Queensland, New South Wales and the ACT. Charles is an expert in commercial litigation, negotiation and mediation. Admitted initially as a solicitor of the Supreme Court of New South Wales in 1988, and as a barrister in 2001, Charles brings a breadth and depth of experience in significant commercial dispute resolution across all aspects of commercial activity in diverse contexts, including multi-jurisdiction, transnational disputes.
Katie Worsnop, Senior Associate, McInnes Wilson Lawyers
Katie specialises in all aspects of estate and trust litigation and estate administration. She has acted for executors, administrators, trustees and beneficiaries. She has a particular interest in advising clients about complex will, family provision and power of attorney disputes. She has dealt with trust litigation involving disputes between trustees, applications for directions and the removal or appointment of trustees. Katie has a practical, commercial and pragmatic approach when dealing with matters. She is committed to achieving the best possible outcome for her clients in what can be difficult circumstances.