Estate Administration and Probate Proceedings
Delve deep into complex applications for letters of administration, including dealing with limited grants of representation & resolving contested applications. Examine key learnings from contested estate proceedings & key takeaways from the latest cases. Master how to plan for estate administration, including how to deal with jurisdictional, executor & tax considerations. Finally, gain your ethics point while considering your duties in advising estate administration clients.
Description
Attend and earn 4 CPD including:
3 points in Competency Area 4: Substantive Law
1 point in Competency Area 3: Ethics & Professional Responsibility
This program is based on WA legislation
Chair: Maree van der Kwast, Director, Dwyer Durack; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyers, Doyle’s Guide 2020
9.00am to 10.00am: Complex Applications for Letters of Administration, With or Without the Will Annexed
- Administration Act WA (1903)
- Non-contentious Probate Rules 1967
- Limited grants of representation
- Who can and who should apply
- Resolving contested applications
Presented by Tim Pepper, Consultant, Robertson Hayles Lawyers
10.00am to 11.00am: Contested Estate Proceedings: An Essential Update
- Assess the latest case law in the area of contested estates
- Succinct summaries and key takeaways for your practice
- Key considerations for non-contentious practitioners interested in what occurs when matters reach the Supreme Court
Presented by Cassandra Andrews, Barrister, Francis Burt Chambers
11.00am to 11.10am: Break
11.10am to 12.10pm: Planning for Estate Administration when Estate Planning
- Begin with the end in mind
- Consider jurisdictional and conflict issues amongst beneficiaries
- Determine appropriate executors and back-up appointments
- Taxation considerations
- Tips and Traps
Presented by Lee-Ann Cartoon, Principal, Succession Solutions Perth
Competency Area 3: Ethics & Professional Responsibility
12.10pm to 1.10pm: Solicitor’s Duties in Drafting Wills and Advising on Estate Administration Matters
- Solicitor’s duties and responsibilities when advising clients in wills and estate matters
- Ethical duty of the practitioner to disclose conflicts of interest
- Establishing who is my client?
- Strategies for reducing professional liability risks
Presented by Amanda Liston, Director, Amanda Liston Legal; Recommended Wills, Estates & Succession Planning Lawyer and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
Presenters
Tim Pepper, Consultant, Robertson Hayles Lawyers
Tim’s expertise is in the areas of tax, superannuation, wills and estate planning, business succession, trusts and property law. With more than 30 years in the legal field, Tim is a highly experienced commercial lawyer who works closely with financial advisers, accountants and their clients to provide common sense strategies and effective solutions for the protection of their families, their business and their superannuation. Drawing on varied experiences including advising on commercial operations in Hong Kong, London and Australia, and having consulted to many large financial institutions.
Amanda Liston, Director, Amanda Liston Legal
Amanda was admitted to legal practice in 1998 and specialises in elder law, estate planning, wills and estates. She obtained a Master of Laws (Applied Law), majoring in Wills and Estates from the College of Law in 2014. Amanda serves on the committee of the Society of Trust and Estate Practitioners Western Australia (STEP (WA)) and the Law Society's Elder Law and Succession Committee. She also serves on the board of a not for profit Aged Care Facility and the pro bono panel of the State Administrative Tribunal where she specialises in applications under the Guardianship and Administration Act.
Lee-Ann Cartoon, Principal, Succession Solutions Perth
Lee-Ann is an experienced tax and estate planning lawyer. She has worked throughout Australia and the UK advising clients ranging from global financial institutions and multinational energy and resource companies to high net wealth individuals. Lee-Ann's experience has given her an appreciation of the importance of approaching any matter commercially, logically and with the client's end goal front of mind. Lee-Ann has developed a particular interest in the areas of estate and succession planning, with a focus on effective and robust structuring.
Maree van der Kwast, Director, Dwyer Durack
Since being admitted to practice, Maree has focused on litigation relating to equitable claims, action pursuant to the Inheritance Act and disputes about deceased estates, trusts and Wills. She also drafts Wills and administers non-contentious estates. Maree joined Dwyer Durack in 2001, she heads the Succession Department. In July 2005 she became a partner of Dwyer Durack and in July 2006 a director of Dwyers Legal Pty Ltd. Maree had always been interested in estates and gained first class honours from the University of Western Australia with a thesis about inheritance rights.
Cassandra Andrews, Barrister, Francis Burt Chambers
Cassandra is an experienced and qualified legal practitioner who having practiced in top-tier international and national firms, is highly proficient at providing advice to various large domestic and international groups, advising on high quantum, highly contentious, large, multi-party commercial, insurance and construction matters. In addition to her experience in construction and commercial litigation matters, Cassandra is also experienced in Contractual Disputes, Civil Litigation, Tortious claims and Negligence matters. Cassandra maintains a general practice at Francis Burt Chambers drawing on her diverse experience including time spent at a boutique firm where she was the senior solicitor practicing in areas such as Criminal Law, Administrative Law, Family Law and Succession/ Estates. Cassandra has had international work experience in Singapore, London and Australia. Cassandra makes regular appearances at the various Courts and Tribunals.