Complex Estate Planning and Disputes Conference

Enter the world of complex estate planning and difficult disputes. Get up to speed on equitable undue influence, probate undue influence, and all that is breach of fiduciary duties. Examine mediation and documenting the resolution of estate litigation. Drill down on trusts and tax planning for high net worth clients and analyse judgments on promissory and proprietary estoppel and so much more. This is a must attend conference for wills and estate lawyers. 2111N32

Description

Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation

Session 1

Estate Disputes and Litigation

Chair: Gerard Basha, Partner, Bartier Perry; Accredited Specialist in Wills & Estates Law; Leading Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50am Family Provision Case Update

  • Recent (2021) family provision judgments at first instance
  • Recent (2021) family provision judgments on appeal
  • Key take-aways from the authorities
  • Principles and trends
  • Family provision orders as alternate relief in contested probate claims

Presented by Patricia Muscat, Barrister, 13 Wentworth Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020

9.50am to 10.35am Undue Influence in Probate Claims

  • What is undue influence in probate?
  • The difference between equitable undue influence and Probate undue influence
  • Presumptions of undue influence in equity as opposed to the lack of presumptions in Probate
  • Suspicious circumstances and undue influence in probate

Presented by Alun Hill, Barrister, Chalfont Chambers

10.35am to 10.50am Morning Tea

10.50am to 11.35am Breach of Fiduciary Duties in Administration of Estates

  • Fiduciary duties of executors on drawing a will
  • Fiduciary duties in administering an estate
  • Conduct that could amount to breach of a fiduciary duty
  • Significant cases regarding breach of fiduciary duty by an executor
  • Remedies available

Presented by Mandy Tibbey, Barrister, Eighth Floor, Wentworth Chambers; Part-Time Senior Legal Member, NSW Civil and Administrative Tribunal, Mediator of the Supreme Court and District Court of NSW

11.35am to 12.20pm Wills and Estates Mediation

  • Background to mediation and matters appropriate for mediation
  • Preparing for the mediation
  • Opening session of mediation and course of the mediation
  • Role of the mediator and reality testing parties
  • Conclusion of the mediation

Presented by Paul Studdert, Mediator, Studdert Mediations; Mediator of the Supreme Court of New South Wales

12.20pm to 1.05pm Documenting the Resolution of Estate Litigation

  • Is there a binding agreement between the parties?
  • Disclosure of the contents of negotiations
  • Are Orders of the Court needed?
  • Practice and procedure in the Succession List
  • Deeds vs Agreements
  • Consent from beneficiaries & minors’ entitlement
  • Terms of the Agreement and drafting tips
  • Releases and their approval
  • Obtaining independent legal advice

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

1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair

Session 2

Estate Planning Essential Toolkit

Chair: Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2020

2.00pm to 3.00pm Promissory and Proprietary Estoppel, Testamentary Promises and Estate Planning

  • When is a testamentary promise enforceable regardless of the testator’s subsequent change of heart?
  • Review of the judgments of Ward CJ in Eq being E Co v Q [2018] NSWSC 442, (No 2) [2018] NSWSC 445, (No 3) [2018] NSWSC 646, (No 4) [2019] NSWSC 429, (No 5) [2019] NSWSC 844 and judgments of the Court of Appeal being Q v E CO [2020] NSWCA 220 and [2021] (No 2) NSWCA 15
  • What does this mean for ‘family meetings’ for collaborative succession planning?

Presented by Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist in Wills and Estates Law; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020

3.00pm to 4.00pm Estate Planning: Trusts and Tax Planning for High Net Worth Clients

  • The fears of estate planners impacting family law and family provision
  • Control points after death
  • The perpetuity question
  • Non-resident beneficiaries
  • Challenging the on-going trust, review of the Owies Case [2020]

Presented by Ken Schurgott CTA, Director-Solicitor, Schurgott & Co Lawyers

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Binding Financial Agreements: Section 95 Succession Act Releases and Family Loans as Part of Estate Planning

  • Binding Financial Agreements for estate planning lawyers
    • General information and examples of agreed terms
    • Who might/might not use them and their effectiveness
    • Recent cases
  • Integration of inter vivos Section 95 Releases
  • Meet the new family bank
    • Effective family loans
    • Recent cases

Presented by Mark Squire, Special Counsel, Atkinson Vinden Lawyers

Presenters

Gerard Basha
Gerard is the Head of Bartier Perry's Private Clients Group. He is recognised as a leader in his field, and his clients benefit from his wide-ranging experience and specialist legal advice. Gerard has advised and been involved as an expert court witness in succession law cases. He is an Accredited Specialist in Wills and Estates Law and a Notary Public, secretary of the NSW Wills and Estates Law Accredited Specialists Practice Group. Gerard served as a director on a number of boards and currently sits on the committees of a number of community based organisations.

Patricia Muscat
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. 

Alun Hill
Alun Hill was called to the Bar in February 1980. He practises mainly in probate and equity.
His probate practice covers the usual disputes regarding wills and testamentary instruments. His equity practice has particular emphasis on deceased estates, Family Provision, next-of-kin inquiries and trusts. He has been retained in various matters by the NSW Trustee and Guardian (formerly the Public Trustee) for the past 28 years. Alun also practices in other areas including Family Law. 

Mandy Tibbey
Mandy Tibbey, of 8th floor, Wentworth Chambers, was called to the Bar in 2004, having practised as a solicitor before that. She has an equity/commercial practice including Wills, probate, family provision, trusts and other equity litigation. She is also a Senior Legal Member of NCAT in the Guardianship, Commercial and Consumer and Administrative and Equal Opportunity Divisions of NCAT and a contributing author for Thomsons Civil Practice and Procedure. Her degrees, B. Juris, LLB and LLM are from UNSW.

Paul Studdert
Paul Studdert joined Supreme Court in 1974, working as a clerk in the Family Law Division, Court of Appeal, Solicitors/Barristers Admission Boards and Probate Division until 1982. Admitted as a non-practising barrister in 1981. Appointed Deputy Registrar 1982, Senior Deputy Registrar in 2000 and worked almost exclusively in the Probate Division/List during those years until retirement from the Court in 2015. Appointed Court-Appointed Mediator in 1999 and conducted Court Annexed mediations 1999 to 2015. Has been a private mediator after leaving the court in 2015, dealing mostly in wills and estates. 

Asheetha Jelliffe
Asheetha has 18 years' experience in Wills and Estates Law and became an Accredited Specialist in 2011.  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.  She also has experience in Elder Law related issues and applying for 'out of the ordinary' grants of probate and letters of administration. Asheetha is a member of the Society of Trust and Estate Practitioners.  Asheetha has been listed in the 2021 Doyles Guide's lists of Leading Estates Litigation Lawyers and Wills Estates and Succession Planning Lawyers in New South Wales.

Paul Evans
Paul has over 20 years' experience in the area of Private Clients having qualified as a solicitor in England in 1992 and in NSW in 1994. He specialises in wills and estate planning, disputes to wills, protecting assets for future generations and estate administration. Paul is highly experienced in assisting a range of clients including high net worth individuals in transferring and protecting their wealth. He has also helped many clients with a blended family to create solutions to provide for all family members. Paul is a regular speaker on Wills and Estate Law at estate planning, estate administration and superannuation seminars.

Monica Ross-Maranik
Monica works predominately in estate litigation, probate, estate administration and estate planning. She has over 20 years’ practise in the field, including extensive experience conducting high profile litigation and mediation. Monica’s areas of expertise include wills and estate planning, contested probate litigation, Family Provision litigation, probate and estate administration, other estate and equity litigation, trusts and trust litigation, enduring powers of attorney, enduring guardianships and protective jurisdiction advice and litigation. 

Ken Schurgott CTA
Ken specialises in taxation matters including State taxes, stamp duty, payroll tax and land tax. He has extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning, trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken has been heavily involved in consultations with the ATO and Treasury on matters involving trusts. 

Mark Squire
After conducting his own city practice for many years, Mark Squire 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 is able to practice 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.

Venue

Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia

In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.

Parking

Parking not included with registration. Possible options:

Met Centre, Jamison St - Rates Click here

Amora Hotel - Rates Click here

Secure Park 20 Bond St - Rates Click here

 

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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