Wills and Estates Summit 2021
213Q04: Navigate some of the critical issues that will be coming your way in the year ahead. Delve into the latest developments in family provisions and elder law issues including the new guardianship and administration laws, informal wills, mutual will agreements and SMSF death benefits. Attend the full day to earn your compulsory CPD units from the best in the field. This annual conference is not to be missed.
Description
Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on QLD legislation
Chair: Caite Brewer, Barrister, Hemmant’s List; Accredited Specialist in Succession Law; Market Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
Session 1
Succession Law Hot Issues
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Mutual Will Agreements, Blessing or Curse?
- How to identify a mutual will agreement
- Estate planning risks:
- Failing to identify the existence of one
- Failing to provide advice to the client that it is an option
- Drafting such agreements
- Estate administration risks
- Estate litigation opportunities
- Ethical considerations
Presented by Bryan Mitchell, Principal, Mitchells Solicitors; Accredited Specialist in Succession Law; Leading Wills, Estates & Succession Planning Lawyer and Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
9.50am to 10.35am Elder Law Issues: New Laws, Cases, EPOAs and Solicitor Obligations
- The new guardianship and administration laws and the new forms
- Duties of the Enduring Power of Attorney
- Receipt of ‘gifts’: unconscionable conduct, undue influence and taking unconscientious advantage
- Examples of ‘elder abuse’ in recent QCAT 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 Chris Herrald, Partner, Mullins; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020; Deputy Chair, Succession Law Committee and member, Elder Law Committee, Queensland Law Society
10.35am to 10.50am Morning Tea
10.50am to 11.35am Informal Wills: How Far Have We Come?
- How have informal wills changed over the years?
- Case review of the recent decision regarding digital wills
- When is a document a potential informal will?
- What evidence is required by the court to uphold a document as an informal will
- What advice should you be providing when acting for executors in an estate administration?
Presented by Angela Cornford-Scott, Director, Cornford-Scott Lawyers; Accredited Specialist in Succession Law; Market Leading Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020; Best Lawyers 2020, Wealth Management / Succession Planning Practice; chair, Succession Law Specialist Accreditation Committee and member, Succession Law Committee, Queensland Law Society
11.35am to 12.20pm Challenging Trustees’ Discretion in Payment of Superannuation Death Benefits
The deceased’s superannuation is now often exceeding the value of their estate making the payment of superannuation death benefits a highly litigious area. Reflecting on the decision in Re Marsella; Marsella v Wareham (no 2) [2019] VSC 65, and the appeal in Wareham v Marsella [2020] VSCA, you will examine:
- The facts of the case and conduct of the trustee and the trustee’s advisors
- Trustee’s duty to act in good faith, upon a real and genuine consideration and in accordance with the purpose for which the choice was given (the test in Karger v Paul [1984] VR 161)
- Dealing with conflicts of interest and the role of conflict of interest clauses in the Trust Deed
- The importance placed on obtaining specialist advice and the criticisms made on the trustee’s solicitor
- The importance of open, correct correspondence with all potential beneficiaries which does not convey any pre-judgment on the part of the trustee
- Other options that were available to the deceased including:
- BDBN
- Appointment of a truly independent trustee or co-trustee
- Removing benefits from super before death
- Best practice in dealing with trustee’s discretion
- Whether the trustee has a duty to provide the trust deed, financial and other information to potential beneficiaries of the death benefit
- Overcoming the duty of legal personal representative to seek payment to the estate
- Whether Re Marsella means that binding death benefit nominations (BDBNs) should always be used
- Which retail funds are limiting the trustee’s discretion under their deed and the problem with this approach
Presented by Kieran Hoare, ILP Director, Merthyr Law; SMSF Specialist Advisor
12.20pm to 1.05pm Recent Developments in the Law of Family Provision
- Potential impact of NDIS applicants with a disability
- Cost cutting
- Recent family provision cases
- Judicial statements on duty of executors
Presented by Dr John de Groot, Legal Practitioner Director and Special Counsel, de Groots Wills & Estate Lawyers; Accredited Specialist in Succession Law; co-author, Family Provision in Australia, LexisNexis Butterworths Australia; Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
1.05pm to 1.15pm Final Q&A and Commentary by the Chair
Session 2
CPD Mandatory Core Areas for Wills and Estates Lawyers
Practice Management & Business Skills
2.00pm to 3.00pm Taking Back Control of Your Firm: Business Planning and the Five-Step Revenue Strategy for Legal Firms
- The drivers for business success in law
- Creating your ‘Why?’ statement and understanding your business context
- Developing your goals and objectives and why it is important to set targets and have accountability
- Understanding where revenue comes from and developing a strategy to drive more proactive revenue
- Mitigating risk to ensure success with your goals and objectives
- Ensuring every resource in your firm, from people to systems, is aligned and delivering value
Presented by Ben Deverson, Director, Lawganised
Professional Skills
3.00pm to 4.00pm Costs in Estate Administration Litigation
- Applications for advice and directions
- Beddoe applications
- Representatives who are debtors to the estate
- Representatives guilty of misconduct
- Unsuccessful representatives
- Family provision applications
- Statutory wills applications
- Claims upon intestacy
Presented by Charles Wilson, Barrister, Inns of Court
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm Ethics in Practice for Wills and Estates Lawyers
- What do the Australian Solicitors Conduct Rules say?
- Use of practical examples to consider ethical issues
- Conflicts of interest and what to do about them
- Estate planning and your duty to the client
Presented by Betty Leung, Senior Estate Planning Lawyer, Australian Unity Trustees Legal Services; Accredited Specialist in Succession Law
Presenters
Caite Brewer, Barrister, Hemmant’s List
Caite Brewer has been a barrister and a solicitor for more than 26 years. She is 1 of only 4 Queensland Law Society (QLS) accredited specialists in succession law at the Queensland Bar and was the highest achiever in her graduating year. Caite was named “Market Leader” junior counsel in Estate Litigation in the 2019 and 2020 Doyle’s List. She is a member of Hemmant’s List and a regular presenter at seminars on wills, estates and trust law issues. Her particular interests are in contentious probate matters, will construction and rectification cases, informal will applications and superannuation disputes.
Bryan Mitchell, Principal, Mitchells Solicitors
Bryan assists clients in Estate Planning, Estate Disputes and Estate Administration. His expertise is recognised by the Queensland Law Society, being an Accredited Specialist in Succession Law. Bryan is a regular public speaker and has had the privilege of presenting papers for CPD providers.
Chris Herrald, Partner, Mullins
Chris advises her clients in relation to a broad range of estate matters, including estate planning (including wills and testamentary trusts), estate administration (including advising executors, administrators and beneficiaries), contentious and non-contentious estate litigation (including family provision applications, solemn form proceedings, interpretation or rectification of wills), guardianship and administration matters (including enduring powers of attorney, proceedings at the QCAT and advice to attorneys, guardians and administrators in relation to the exercise of their powers).
Angela Cornford-Scott, Director, Cornford-Scott Lawyers
Angela has worked in the area of succession law for over 20 years and has a particular interest in estate planning, trust matters and estate administration issues.
Angela is the current Angela is a member of STEP and a previous Chair of the Queensland Branch. She has lectured for QUT, the College of Law and is a regular presenter of seminars. She also co-authors the Lexis Nexis practical guidance publications in Succession law and Elder law for Queensland.
Kieran Hoare, ILP Director, Merthyr Law
Kieran Hoare is a Principal of Merthyr Law Pty Ltd and an accredited SMSF Specialist Advisor with the SMSF Association. Kieran has been practicing law since 2002 and specialises in navigating investment structures and regulatory framework for SMSFs and is often called upon to assist clients’ existing advisors and independently represent and advise SMSF trustees. Kieran keeps his professional network up to date through prolific posting on LinkedIn and other social media.
Dr John de Groot, Special Counsel, de Groots Wills & Estate Lawyers
John has more than 30 years’ experience in estate planning, estate administration and estate litigation. He is an author of a number of definitive publications in succession law including “Wills Probate and Administration Practice (Queensland)”, “Wills Probate and Administration Practice (New South Wales)” and “Family Provision in Australia” (an estate litigation text), of which he is co-author with Mr Bruce Nickel. In 2016, John was invited to join the International Academy of Estate and Trust Law as a member. This provided him with international recognition for his contributions in lecturing, writing, and participation in professional organisations.
Ben Deverson, Director, Lawganised
Ben has been managing and leading professional services firms for over half of his 24-year executive career. From 2016-2019, Ben was the principal of a boutique law firm. Whilst not being a qualified lawyer, Ben is a management specialist. He has gained an intimate knowledge of the challenges that law firms face each day. Ben's strengths include strategic planning, forecasting, cash flow management, process automation, performance metrics, leadership and legal practice risk management. He has passion for helping law firm principals maximise their resources so that they can have a new and positive outlook on their business and their lives.
Charles Wilson, Barrister, 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.
Betty Leung, Senior Estate Planning Lawyer, Australian Unity Trustees Legal Services
Betty Leung has almost 20 years of experience in succession law and is a Queensland Law Society Accredited Specialist in Succession Law. Her focus is on all aspects of estate planning for clients to achieve effective succession of wealth. She acts for clients including high net worth individuals and those with blended families, complex structures, rural estates and international assets.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00