Succession Law Symposium 2021
213N16: Make it easy on yourself by making this your one stop shop for everything you need for your wills and estates practice this CPD year. Review recent cases in informal wills, family provision, and probate. Gain insights on elder law issues, asset protection, estate planning and so much more. Attend the full day to earn your compulsory CPD units with unique sessions for wills and estates lawyers.
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Succession Law Roundup
Chair: Geoffry Underwood, Barrister, Sixth Floor Selborne Wentworth Chambers
9.00am to 10.00am Informal and Statutory Wills: Key Updates & Advising Clients
- Recent cases on informal wills
- Recent cases on statutory wills
- Key issues when advising clients on matters to which informal and statutory wills are relevant
Presented by Dr Christopher Birch SC, Eighth Floor Garfield Barwick Chambers; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2020; Adjunct Professor. University of Sydney Law School
10.00am to 11.00am Elder Law Issues
- Fiduciary duties of the Enduring Power of Attorney
- Receipt of ‘gifts’: unconscionable conduct, undue influence and taking unconscientious advantage
- Examples of ‘elder abuse’ in recent NCAT Guardianship Division matters
- Solicitor’s obligations when taking estate planning instructions from elderly clients
- Registration of Enduring Powers of Attorney & the Law Reform Commission’s recommendation for a national register
Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist in Wills & Estates Law; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Family Provision Review 2020: The Worm and Robin
- General principles and how they are relevant
- Breaking the paradigm: common features that make a claim better (or worse)
- The duty of executors and the power of the Court to accept or reject compromises
- The burden of provision
- Intervention by beneficiaries in proceedings
Presented by Craig Birtles, Barrister, Second Floor Wentworth Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
12.15pm to 1.15pm Probate Litigation: Recent Cases
- Cases on testamentary capacity, including Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164
- Cases on knowledge and approval, including Micallef v Linney – Estate of Hope Marie Linney [2020] NSWSC 898
- Cases on undue influence, including Bracher v Jones [2020] NSWSC 1024
- Cases on probate procedure and caveats, including Estate of Theresa Katalinic; Vea & Katalinic v Katalinic [2020] NSWSC 805
Presented by Patricia Muscat, Barrister, 13 Wentworth Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
Session 2
CPD Compulsory Units for Wills and Estates Lawyers
Chair: Stephen Lynch, Director, Somerville Legal; Recommended Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
Ethics & Professional Responsibility
2.00pm to 3.00pm Ethics for Succession Law Practitioners
- Rules governing solicitors in estates (and planning)
- Professional duties and liabilities
- Necessary instructions
- Avoiding conflicts of interest
- Necessary instructions
Presented by Mark Squire, Special Counsel, Atkinson Vinden Lawyers
Professional Skills
3.00pm to 4.00pm Contested Estate Litigation Practice and Procedure
- When to file a caveat?
- Commencing contested probate proceedings
- Case management in the Probate List: Guidelines, Disclosure Statement and Standard Orders
- Notices to produce, subpoenas and other ways of compelling disclosure
- Interim administrators and tutors: When to consider?
- Mediations, in-chambers settlement conferences and other options
- Documenting the terms of settlement: Heads of Agreement, Court orders and Deeds
- Calderbank letters: including all of the key terms of settlement in the offer letter as there are no second chances
Presented by Anthea McIntyre, Legal Practitioner Director, McIntyre Legal; Accredited Specialist in Wills and Estates Law; Recommended Wills, Estates & Succession Planning Lawyer and Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Protecting Your Firm’s Assets: Why You Need an Estate Plan
- The commercial reality!
- Demystifying asset protection for businesses
- Customising estate plans for businesses
- The next steps
Presented by Katherine Hawes, Principal, Digital Age Lawyers
Presenters
Geoffry Underwood, Barrister, Sixth Floor Selborne Wentworth Chambers
Geoff was called to the Bar in 1983. He has practised extensively in the Equity and Probate Divisions of the Supreme Court and also practices in other jurisdictions, such as the Land & Environment Court. His principal areas of practice are will disputes, Family Provision claims and general equity matters.
Dr Christopher Birch SC, Eighth Floor Garfield Barwick Chambers
Dr Christopher Birch S.C. is a barrister has been in practice at the Sydney Bar for 37 years. He was appointed Senior Counsel in 1999. His practice has been chiefly in the areas of commercial law, equity, probate and administrative law. He has conducted a substantial number of cases involving the law of Trusts. He has extensive experience at both trial and appellate levels. He is presently an Adjunct Professor at the University of Sydney where he lectures in legal philosophy, and he also lectures in jurisprudence with the Law Extension Committee of New South Wales.
Asheetha Jelliffe, Partner, Bridges Lawyers
Asheetha Jelliffe has 18 years' experience in Wills and Estates Law and became an Accredited Specialist in 2011. She has experience in Elder Law related issues, appearing in matters filed with the NCAT Guardianship Division and the Protective List of the NSW Supreme Court. Although her main area of practice is in contested estate litigation, including testamentary capacity matters, family provision cases and other estate administration suits, she has utilised that experience in her growing estate planning practice. Asheetha is a member of the Society of Trust and Estate Practitioners.
Craig Birtles, Barrister, Second Floor Wentworth Chambers
Craig Birtles is a barrister at the Sydney Bar specialising in estate litigation. He has presented extensively in estate litigation seminars. Before being called to the Bar in 2017 he was a senior associate of the firm of Teece Hodgson & Ward, Sydney working predominantly in estate litigation and protective matters. Craig was admitted to practice as a solicitor in 2008. As a solicitor he was an Accredited Specialist in Wills and Estates Law. He is a member of the Society of Trust and Estate Practitioners.
Patricia Muscat, Barrister, 13 Wentworth Chambers
Patricia was called to the Bar in 2019 and practices in wills and estates (including contested probate and family provision matters), protective matters and general equity.
She has appeared led and unled in hearings, motions and directions hearings, primarily in the Equity Division of the Supreme Court. Prior to being called to the Bar, Patricia was an Associate at Uther Webster and Evans practising primarily in the same areas of law. Patricia worked as the tipstaff to the Family Provision List Judge, the Honourable Hallen J, in the Supreme Court of New South Wales in 2014.
Stephen Lynch, Director, Somerville Legal
Stephen Lynch is an Accredited Specialist in wills and estates, having specialised in the area of wills, probate, estate planning and succession for almost 20 years. His experience includes complex estate planning, including advising in relation to asset protection measures such as creation of testamentary trusts. Stephen also specialises in contested estates, including testamentary capacity disputes and Family Provision claims. Stephen is one of the authors of the highly regarded Lexis Nexis Practical Guidance publication on Succession Law, has spoken across Australia on wills and estates matters, and has been listed in the Doyles Guide of top wills and estates lawyers in NSW for the past 6 years.
Mark Squire, Special Counsel, Atkinson Vinden Lawyers
After conducting his own city practice for many years, Mark has now opted for an ‘administrative-free’ role as Special Counsel at Atkinson Vinden (with whom he has had a lengthy association). In this role, Mark practises substantially in estate planning with a particular interest in blended family issues. Mark is a former part-time lecturer at UTS and is a regular presenter to legal and other professional groups, mainly for Legalwise Seminars.
Anthea McIntyre, Legal Practitioner Director, McIntyre Legal
Anthea’s expertise includes estate planning, contested estates, estate litigation, probate and estate administration. Anthea has been practising as a solicitor for over 18 years, and is admitted to practise in the Supreme Court of New South Wales, the Federal Court of Australia and the High Court of Australia. Anthea is a member of STEP and Law Society of New South Wales’ Elder Law, Capacity & Succession Committee, since January 2018. In 2014, Anthea established “Lawyer Mums Australia”, a Facebook support group of more than 3,200 lawyers including judges, magistrates, barristers, solicitors and in-house counsel throughout Australia.
Katherine Hawes, Principal, Digital Age Lawyers
Katherine focuses on making legal information understandable and actionable for both small business clients and individuals. Katherine focuses on commercial law with the associated family and estate protection. She has primarily differentiated Digital Age Lawyers as a virtual law firm with a focus on digital and social media law, policy and compliance for small business, robotics, artificial intelligence. Katherine is an experienced litigator. She holds three Master Degrees and two post-graduate diplomas in both business and the law. She is currently on track to be admitted to the New York Bar Association next February.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia