CPD Core Competency Areas for Wills and Estates Lawyers
213W16: Acquire skills on aligning your business succession, SMSF and personal estate plans. Delve deep into the world of litigation costs in contested probate proceedings, Family Provision Act claims and trust litigation. Gain clarity on dealing with privilege and how to handle clients of questionable capacity or integrity. This is a must attend seminar for wills and estates lawyers involved in estate planning, administration and litigation.
Description
Attend and earn 4 CPD points including:
1 point in Competency Area 1: Practice Management
1 point in Competency Area 2: Professional Skills
1 point in Competency Area 3: Ethics & Professional Responsibility
1 point in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Brendan Ashdown, Barrister, John Toohey Chambers; Recommended Family Law Junior Counsel, Doyle’s Guide 2020; Recommended Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
Competency Area 4: Substantive Law
9.00am to 10.00am Advances During the Will Maker’s Lifetime, Do They Matter?
- Advances: what are they?
- Difference between an intestate estate and one in which there is a will
- Hotchpot
- Resulting trust: When is an advance not an advance?
- Other equitable remedies: How does undue influence, unconscionable conduct and equity deal with advances made in the deceased’s lifetime?
Presented by Maree van der Kwast, Director, Dwyer Durack Lawyers; Preeminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
Competency Area 1: Practice Management
10.00am to 11.00am Why Your Business Succession and Personal Estate Plans Need to Align
You not only practice law, but you run a business, no matter how small your practice is. One motto most business owners adopt is that ‘business and personal lives do not mix’. This contributes to the myth that business succession and personal estate (and superannuation) planning are mutually exclusive concepts and should never be considered together. In this presentation, we will debunk this myth and explore the reasons why proper estate planning must align and take into consideration business succession plans. Consider these issues in your practice:
- Tax and WA duty aspects
- Regulatory compliance
- Practical aspects of structuring and implementing personal estate, SMSF and business succession plans
- Issues you may encounter if your plans are not aligned
Presented by Yikai Hoe, Director, Provident Lawyers; SMSF Specialist Advisor; Chartered Tax Adviser
11.00am to 11.15am Morning Tea
Competency Area 2: Professional Skills
11.15am to 12.15pm Costs Issues in Contentious Probate and Estate Litigation
- General principles which inform the Court’s discretion to award costs in contested probate proceedings, Family Provision Act claims and trust litigation
- Trustee costs
- Use of offers of compromise
Presented by Matthew Curwood, Barrister, Francis Burt Chambers; Legal Costs Committee Member; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020; co-author, Civil Procedure in Western Australia, LexisNexis
Competency Area 3: Ethics & Professional Responsibility
12.15pm to 1.15pm Ethics for Lawyers in Succession Law
- Dealing with privilege in your practice
- The conflicted legal personal representative: acting in different capacities
- Handling conflicts of interest
- Dealing with clients of questionable capacity or integrity
Presented by John Butler, Principal, Butlers Lawyers & Notaries
Presenters
Brendan Ashdown, Barrister, John Toohey Chambers
Brendan has been admitted to legal practice for over 25 years. After founding his own firm, and later joining a mid-sized City firm, Brendan commenced practice at the bar in 2005 at John Toohey Chambers. Brendan undertakes trial and appellate work in a wide range of areas with an emphasis on equity & trusts, property, banking & finance, bankruptcy & insolvency, commercial law & trade practices, contested probate, wills & estates, and family law property matters (appeals, trust, company & third party issues).
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.
Yikai Hoe, Director, Provident Lawyers
Yikai was admitted as a legal practitioner in the Supreme Court of the ACT and Western Australia in 2008, and the High Court of Australia in 2010. Yikai enjoys practicing in superannuation and tax law and assists his superannuation clients and professional advisers with legal solutions on compliance matters for fund investments and tailoring estate planning strategies for clients with SMSFs. Yikai was also a tax consultant for 3 years in a top-tier accounting firm, specialising in indirect taxation and state duties. He has presented for CPD providers on various superannuation and tax topics.
Matthew Curwood, Barrister, Francis Burt Chambers
Matthew has practised for over 25 years as a barrister and a solicitor. He practises in wills and estates, equity and trusts, commercial matters and legal costs. He regularly appears as counsel in Supreme Court and District Court trials, on interlocutory matters and at mediations. Matt also undertakes complex advice work in areas such as constructive trusts, fiduciary breach, contested probate and as to the merits of claims against deceased estates, specifically under the Family Provision Act. Since 2009, Matt has been a member of the Legal Costs Committee. He is a regular presenter at seminars on legal costs issues.
John Butler, Principal, Butlers Lawyers & Notaries
John has been admitted to practice for over 47 years and has worked in the law for over 53 years. The majority of John's practice is in the areas of Family Law, Business Planning, Wills & Estate Planning, claims on Estates, Guardianship & Administration and Elder Law. He has been involved with government and independent schools for over 40 years, including serving on the governing bodies of several independent schools. John holds a Commission in the Australian Army and is on the Reserve of Officers. John is also an active member of the Rotary Club of Matilda Bay.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.