Complex Estate Planning, Elder Law Issues and Disputes
Estate planning challenges continue to mount in this new legal landscape. Explore enduring power of attorneys then review common mistakes of EPOA and conflict transactions. Dive into the procedure of challenging the validity of a will based on undue influence or lack of capacity. Master how to implement shareholder agreements for inter-generational businesses. This practical review is not to be missed by all wills and estate lawyers. 218Q03
Description
Attend and earn 3 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: Dr John de Groot, Legal Practitioner Director and Special Counsel, de Groots Wills & Estate Lawyers; Accredited Specialist in Succession Law; Best Lawyers 2022, Trusts and Estates Law, Wealth Management / Succession Planning Practice; Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020; co-author, Family Provision in Australia, LexisNexis Butterworths Australia
2.00pm to 2.45pm Elder Law Issues: New Laws, EPOAs and Solicitor Obligations
This in-depth session will include a detailed walkthrough of the EPA form, explanatory guide and the LEXON checklist, sections 61A-61D Powers of Attorney Act and sections 60A-60C Guardianship and Administration Act
Presented by Ashleigh Poole, Partner, Thynne + Macartney; Accredited Specialist in Succession Law; Best Lawyers 2022, Wealth Management/Succession Planning Practice; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020
2.45pm to 3.30pm Common Mistakes of Conflict Transactions and EPOAs
- The right types of conflict transaction clauses
- How can you authorise a conflict transaction?
- When does a conflict transaction go wrong and what are the remedies?
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
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Challenging the Validity of a Will on the Basis of Undue Influence or Lack of Capacity
- The differences between a common form and solemn form grant of probate
- The procedure
- Evidence gathering for solemn form proceedings
Presented by Dr Pip Coore, Barrister, Chancery Barristers + Mediators; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
4.30pm to 5.15pm Succession Planning for Family Businesses: Family Transfers and Shareholder Agreements Between Family Members
- Strategies for transferring a family business to the next generation
- Implementing shareholder agreements for inter-generational businesses
- Dealing with family business structures under the estate plan
- Tips and traps when dealing with elderly business owners
Presented by Patrick Ellwood, Director, Clover Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
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
Presenters
Dr John de Groot
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.
Ashleigh Poole
Ashleigh is an accredited specialist in succession law. She has experience in all aspects of succession law including deceased estate administration, estate and succession planning, estate and equity litigation, trusts and QCAT matters. Ashleigh is a member of the Society of Trust and Estate Practitioners (STEP) and is currently enjoying her time serving as a committee member of the Queensland branch of the organisation. Ashleigh has a particular interest in complex deceased estate administration and estate planning where there is a risk of litigation.
Prue Poole, Principal, McInnes Wilson Lawyers
Prue was admitted as a solicitor in 2002 and was qualified as an Accredited Specialist in Succession Law in 2011 when she was assessed as the highest achiever. She 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 and is also a member of the Queensland branch of the Society of Trust and Estate Practitioners (STEP).
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.
Dr Pip Coore, Barrister, Chancery Barristers + Mediators
Pip practices predominately in the areas of equity, trusts and succession law. Prior to being called to the Bar, Pip was the Senior Associate to the Honourable Justice Edelman of the High Court of Australia. She also worked as a Lecturer for the College of Law’s LLM (Applied Law) program, was an Editor of the Oxford University Commonwealth Law Journal, and worked as a Lawyer at an international firm.
Patrick Ellwood, Director, Clover Law
Patrick is the founder of Clover Law and has over a decade of experience assisting high net worth individuals and business owners with their tax, estate planning and asset protection needs. He is a regular speaker for a range of private and professional bodies and is a published author. Patrick is passionate about helping families and business owners grow their business, protect their assets and ultimately achieve maximum value upon their retirement.