Wills and Estates Symposium
Issues covered include: Estate planning, vulnerable beneficiaries, beneficiary, urgent applications, interlocutory applications, enduring powers of attorney, variation of trusts, business succession, death benefit, succession law, ethics, conflicts of interests, testamentary capacity, interview skills, technology, business model, marketing, cost, fixed pricing
Description
What matters might come crashing through your door at any moment? A complex estate planning matter? An interlocutory application that needs to be filed not now, but NOW? A ticking time bomb of an ethical issue? Any one of these issues could demand your immediate and urgent attention, so be prepared to handle all of them. Plus gain your CPD mandatory core area points all in one unbeatable conference.
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 symposium was recorded in QLD on 14 March 2019
Session 1
Succession Law Hot Spots
Chair: Michele Davis, Associate – Head of Succession & Elder Law, Wilson Lawyers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Estate Planning for Vulnerable Beneficiaries
- Disabled children
- Beneficiaries with substance abuse problems
- Divorcing beneficiary
- Bankrupt beneficiary
Presented by Bryan Mitchell, Principal, Mitchells Solicitors, Accredited Specialist in Succession Law
9.50am to 10.35am: Urgent and/or Interlocutory Applications in Estate Matters
- Interim distributions
- Applications for judicial advice
- Preservation of property
Presented by Dr Daniel Morgan, Barrister, Inns of Court
10.35am to 11.20am: The Use of Additional Documents in Estate Planning
- Enduring Powers of Attorney
- Variation of trusts: succession of control
- Bespoke constitutions
- Letters of wishes and other supporting non-binding statements
- Business succession planning documents (buy-sell agreements, shareholder agreements, partnership agreements)
- Loan documentation
Presented by Scott Whitla, Partner; Accredited Specialist in Succession Law and Paige Edwards, Lawyer, McCullough Robertson
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Re Narumon Pty Ltd: A Treasure Trove for Wills and Estates Practitioners
- The Supreme Court of Queensland has resolved the longstanding uncertainty as to whether an enduring attorney can make or confirm a binding death benefit nomination on behalf of their principal
- What if one or more of the nominees under the BDBN is an attorney? How are potential or actual conflicts dealt with?
- If there is an ineffective amendment of a fund deed, can the trustee execute a ‘deed of ratification and variation’ to cure the error?
- What should an SMSF trustee do when fund documentation is missing and no copy can be found?
Presented by Kieran Hoare, ILP Director, Merthyr Law; SMSF Specialist Advisor
12.20pm to 1.05pm Recent Developments and Cases in Succession Law
- The hot topics of conversation in succession law
- Recent decisions that you need to know about
- What these mean for you: practical tips and pointers that you can take back and use in your practice
Presented by Juanita Maiden, Senior Associate, MacDonnells Law; Recommended Wills and Estates Litigation Lawyer and Estates Litigation Lawyer, Doyle's Guide 2018
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Mandatory Core Areas for Succession Lawyers
Practical Legal Ethics
2.00pm to 3.00pm: Ethics for Succession Law Practitioners
- Conflicts of interest
- Testamentary capacity
- Joint instructions from two or more clients
- Recent cases
Presented by Dr John de Groot, Special Counsel, De Groots Wills and Estate Lawyers; Accredited Specialist in Succession Law
Professional Skills
3.00pm to 4.00pm: How to Advise a Client on Estate Planning
- Interview skills
- Advice tips
- Issues with capacity and timeliness
- Cases where it went wrong
Presented by Betty Leung, Senior Lawyer, Australian Unity Trustees Legal Services; Accredited Specialist in Succession Law
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm: Technology and New Business Models in Succession Law Practice
- Cost obligations when using fixed pricing
- Marketing for the legal profession
- Things to consider when offshoring
Presented by Darius Hii, Partner, Chat Legal