11th Annual Complex Estate Planning and Litigation Symposium
Are you solving today’s problems with yesterday’s toolkit? In one day catch up on key issues and recent developments that will impact wills and estates practitioners in the year to come. With a panel of experts, review estoppel and testator family maintenance claims, cross border contested probate proceedings, independent administrator issues, drafting powers of attorney to minimize elder abuse, taxation issues in estate planning, dealing with digital assets, gifting to charities and so much more! 2111Q01
Description
Attend and earn 7 CPD units in Legal Knowledge
This program is based on QLD legislation
Session 1
Estate Disputes and Administration
Chair: Caite Brewer, Barrister, Hemmant’s List; Accredited Specialist in Succession Law; Market Leader, Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2020
9.00am to 10.00am Estoppel and Testator Family Maintenance Claims
- Estoppel, testamentary and inter vivos promises and their interplay with family provision claims
- Pleading and evidentiary practice points
Presented by Charles Wilson, Barrister, Inns of Court
10.00am to 11.00am Cross Border Estate Litigation: How to Deal with Estates Over Multiple Jurisdictions
- Differences in legal systems, Lex Domicil and Lex Situs
- Family Provision, differences in eligibility, notional estate and limitation dates
- Cross vesting legislation
- Contested probate proceedings and reseals
Presented by James Daly, Armstrong Legal; Recommended 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 The Independent Administrator
- How, when and why they are appointed
- Defending or resisting a removal application
- What to expect as an independent administrator
- What to expect as a beneficiary
- Tricky administration issues such as:
- Dealing with the former LPR's costs
- Dealing with occupied real property
- Division of chattels
- Minor/infant beneficiaries
- Commencing, defending or continuing litigation on behalf of the Estate
- Dealing with ‘that’ difficult beneficiary who is driving up costs
Presented by Chris Herrald, Partner, Mullins; Leading Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
12.15pm to 1.15pm Executor's Commission, Charging Clause Remuneration, and Passing Estate Accounts
- Estate account assessing: 3 pathways through Part 10 of Chapter 15 of UCPR
- Treatment of executor's commission and charging clause remuneration
Presented by Gary Lanham, Special Counsel, MinterEllison; Accredited Specialist in Succession Law; Approved Estate Account Assessor, Queensland Supreme Court; Best Lawyers 2022, Trust & Estates and Wealth Management / Succession Planning Practice; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020 and Michael Liddy, Barrister, Burnett Lane Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
Session 2
Estate Planning
Chair: Karen Gaston, Partner, Thynne + Macartney; Accredited Specialist in Succession Law; Best Lawyers 2022, Trusts and Estates & Wealth Management / Succession Planning Practice; Preeminent Wills & Estates Litigation Lawyer and Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
2.00pm to 2.45pm Estate Planning: Complex Estate Matters
Helen is a contracts lawyer, running away from the big smoke and a failed marriage, to a suburban wills and probate practice, Gruber & Gruber. She needs to brush up on her probate law for her meeting with a new client. Join us as we help Helen identify and advise about various complex estate matters. Explore recent topics of interest, including:
- Conditional gifts: Can a testator require a beneficiary undergo vasectomy surgery?
- Cremains of the Day: Does your father’s new girlfriend have a right to a share of his cremated remains?
- “I want to make a power of attorney for my demented mother” What did you say?
Presented by Sally-Ann Hayward, Solicitor
2.45pm to 3.30pm Taxation Issues in Estate Planning
- Overview of taxation of estates
- Capital gains tax issues for executors and beneficiaries
- Tax on superannuation death benefit payments
- Testamentary trusts and the effect of s102AG ITAA 1997
Presented by Angela Cornford-Scott, Director, Cornford-Scott Lawyers; Accredited Specialist in Succession Law; Best Lawyers 2022 Trusts and Estates Lawyer of the Year; Best Lawyers 2022, Wealth Management / Succession Planning Practice; Wills & Estates Litigation Market Leader and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Estate Planning in an Increasingly Digital World
- Different forms of wills and testamentary documents
- Practical considerations for drafting
- Dealing with digital assets
Presented by Betty Leung, Senior Estate Planning Lawyer, Australian Unity Trustees Legal Services; Accredited Specialist in Succession Law
4.30pm to 5.15pm Gifting to Charities: The Pitfalls and Concerns
- The difference between a simple legacy and a charitable trust legacy
- What can go wrong with bequests to charity
- What advice should be given to will makers wishing to benefit charity
- How to avoid conflict
- What is the attitude of the courts to a charitable bequest when a Family Provision application is made
- Relevant tax considerations when gifting to charity
Presented by Paul Paxton-Hall, Director, Paxton-Hall Lawyers; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
Presenters
Caite Brewer
Caite Brewer has been a barrister and a solicitor for more than 27 years. She is 1 of only 3 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.
Charles Wilson
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.
James Daly
James holds a Masters of Applied Law majoring in Wills and Estates from the College of Law as well as a double undergraduate degree from Victoria University in Business and Law. He moved to Brisbane from Victoria in late 2020. James works only in Wills and Estates matters, with a particular focus in Wills and Estates Litigation. He has acted for clients in both family provision and will validity claims, and can also assist clients with proceedings for the interpretation of will clauses.
Chris Herrald
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).
Gary Lanham
Gary has dealt with all succession related matters great and small, advising individuals and families on their wills and estate planning for more than 40 years. A leading estate and trust practitioner and one of a small group of specialists in Succession law accredited by the Queensland Law Society, Gary is also one of only three approved Estate Account Assessors available to be appointed by the Queensland Supreme Court. This regime, a re-write of part of Uniform Civil Procedure Rules, outsources assessment of deceased estate and trust accounts away from the Court Registry, to private, qualified solicitors, since 2012. He was the first person appointed under those changed rules to examine a set of estate accounts.
Michael Liddy
First admitted as a solicitor in Queensland in 1989 and in England and Wales in 2001, Michael was called to the private bar in 1995. With a particular interest in dispute based work in the areas of Wills and Estates, impaired capacity, commercial litigation and Native Title, Michael is experienced in alternative dispute resolution and all aspects of litigation. He has experience in international commercial arbitration and has also appeared in Tribunals.
Karen Gaston
Karen has over 10 years’ experience in succession law including estate litigation and more recently estate administration and estate planning. She has considerable experiences with applications to the QCAT and the Supreme Court relating to Enduring Powers of Attorney as guides carers through challenging issues relating to the appointment of guardians and administrators for persons without capacity. Karen skills include alternative dispute resolution including mediation and collaborative law. She likes to share her professional knowledge she has accumulated from her pro bono activities including lecturing QUT's legal practice students on succession matters and contributing to the Caxton Legal Centre's Queensland Law Handbook.
Sally-Ann Hayward
Sally practices exclusively in succession law. She was associate to two District Court judges in 1999 and 2000 and was admitted as a solicitor of the Supreme Court of Queensland in 2000. Sally’s experience includes all aspects of succession law: estate planning, estate administration and estate litigation. She is a devoted advocate of her clients and is focused on providing effective and practical outcomes, often in challenging and emotional circumstances. Many of Sally’s clients have special requirements such as estate planning for disabled children and estate planning for adults lacking capacity. Sally assists the victims of financial elder abuse. Sally is invited to speak at legal conferences on the more complex aspects of succession law, as well community groups on a range of topics such as special disability trusts, elder abuse, enduring powers of attorney and general estate planning. Sally is currently preparing to launch her own practice, Cairns Mobile Wills & Probate that will enable her to deliver a quality, cost effective service to all members of the community.
Angela Cornford-Scott
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.
Betty Leung
Betty Leung is a Senior Estate Planning Lawyer at Australian Unity Trustees Legal Services in Brisbane. With nearly 20 years of experience, Betty is also a Queensland Law Society Accredited Specialist in Succession Law. Betty's 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.
Paul Paxton-Hall
Paul Paxton-Hall has practised in the commercial and corporate fields of the law for more than 40 years. Paul established his own practice in 2011. The practice focusses on private clients, SMEs and charities. Paul's particular area of practice in recent years has been estate planning and charity law. Paul chairs the Queensland Law Society's Not-for-Profit Committee.
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