Succession Law Symposium
With the rise of disputes over wills and estates, be on the cutting edge of the latest decisions from the courts. Eleven thought leaders in the industry will unravel, analyse and deliver strategies and tips that will help your practice rise to new heights. You will understand the critical dynamics of revoking wills, informal wills, passing over executors, mental capacity assessments and strategies of getting the all-important medico-legal report, and abuse of EPOAs involving undue influence. 223N15
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Session 1
Succession Law Hot Issues
Chair: Richard Neal, Partner, Teece Hodgson & Ward; Accredited Specialist in Wills & Estates Law; Preeminent Wills & Estates Litigation Lawyer and Preeminent Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Family Provision Case Update
Review of recent cases and practical applications to your practice and clients
- Gill v Garrett [2021] NSWCA 117, [2020] NSWSC 1473
- Kemeny v Schneider [2021] NSWSC 524
- Lewis v Lewis [2021] NSWCA 168: Probate decision
- Cases involving ‘close personal relationship’ claim
- Khadarou v Antarakis [2021] NSWSC 743
- Sun v Chapman [2021] NSWSC 955
Presented by Adrian Corbould, Partner, Turnbull Hill Lawyers; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer and Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
9.50am to 10.35am Revoking Wills
- Revocation by marriage/divorce
- Lost wills and the presumption of destruction
- Republication and revival of wills
- Alterations, interlineations and obliterations
- Revocation of multiple wills in different jurisdictions
Presented by Phillip McGowan, Partner, McCullough Robertson Lawyers; Best Lawyers 2022, Wealth Management/Succession Planning Practice; Leading Wills, Estates & Succession Planning Lawyer and Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Informal Wills
- Informal vs formal will; the legislative framework
- Elements to be satisfied when dispensing with the formal requirements of a will
- Evidence that the court will have regard to:
- How the document was executed
- Testamentary intentions of the deceased, including statements made by the deceased
- Practical and procedural steps to consider for practitioners and costs
- Practical considerations arising during COVID-19 lockdowns
Presented by Justine Taylor, Partner, Uther Webster & Evans; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
11.35am to 12.20pm Executors and Administrators of Deceased Estates: Passing Over Named Executors and Revocation of Existing Grants
- Passing over executors appointed by will for conduct or character reasons
- Revocation of existing grants of representation where the administration of the estate is in jeopardy
- The role of independent, court appointed administrators
- Case management and constitution of proceedings
Presented by Hugh Morrison, Barrister, 13th Floor St James Hall; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
12.20pm to 1.05pm Intersection of Superannuation and Estate Planning
- The role of superannuation in estate planning
- Binding nominations
- Blended families and notional estate considerations
- Who’s who in the realm of dependency
- SIS Act vs AFCA: includes meaning of ‘dependant’ and AFCA’s interpretation
- Powers of attorney and superannuation
Presented by Leah Sewell, Legal Practitioner Director, LS Legal; Accredited Specialist in Wills and Estates Law; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Wills and Estates Lawyers
Chair: Adeline Schiralli, Consulting Principal, Keypoint Law; Accredited Specialist in Wills and Estates Law; member, Elder Law, Capacity & Succession Committee, Law Society of NSW; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
Professional Skills
2.00pm to 3.00pm Mental Capacity Assessment and Best Practice When Obtaining the Medico-Legal Reports
Courts hearing mental capacity cases give great weight to the treating doctor assessment and opinion. Unfortunately, quite often treating doctors are wary about providing ‘medico-legal’ reports or otherwise becoming involved in litigation (or with lawyers!). Gain an understanding of:
- Practical suggestions on how to approach treating doctors in relation to them providing a mental capacity report in legal proceedings, using testamentary capacity as an example
- A framework to make it as easy as possible for the treating doctor to provide a mental capacity report
Presented by Dr Hayley Bennett, Barrister, New Chambers; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021 and Alisa Green, Associate, Glass Goodwin Solicitors; Wills, Estates & Succession Planning Law Rising Star, Doyle’s Guide 2021
Practice Management & Business Skills
3.00pm to 4.00pm Risk Management in Wills and Estate Matters
- Caselaw on solicitors responsibility with wills and estates
- Duty of care: its scope for solicitors with wills, PoAs and related transactions
- Liability of practitioners
- Prompt attention; file notes for solicitors
- Practical observations on limiting exposure to liability and fulfilling the testators wishes during estate administration
- Managing risk with remote signing of wills and other documents
- Is it the impossible dream? Having a paperless wills and estate practice
Presented by Warwick Gilbertson, Partner, Turnbull Hill Lawyers; Best Lawyers 2022, Trusts and Estates
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm Ethics Obligations: Abuse of Enduring Powers of Attorney and Pre-death Gifts Involving Undue Influence
- Acting for an appointee under an enduring power of attorney (EPOA)
- Recent case of EZG [2021] NSWCATGD 6
- What if your client’s attorney wants to obtain a benefit using the EPOA?
- Obligations of a solicitor acting on a transaction that may involve undue influence, or where the client’s capacity is uncertain
Presented by Sharna Clemmett, Barrister, Greenway Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
Presenters
Richard Neal
Richard is widely recognised as a leading lawyer in New South Wales in contested estate claims, family provision claims and complex estate planning matters. He is a Court appointed Administrator or Interim Administrator. He is co-author of Succession Law and Practice (NSW) published by LexisNexis, ‘Mason and Handler’. He is also co-author of Hutley’s Australian Wills Precedents, 10th edition (with Caroline Sims and with Craig Birtles, now at the Bar and formerly with the firm) published by LexisNexis. He presents at seminars and webinars to the legal profession and others.
Adrian Corbould
Adrian Corbould is an Accredited Specialist in Wills & Estates Law, heading the contested estates litigation group at Turnbull Hill Lawyers, based in Newcastle. After admission in 2003, Adrian has worked exclusively in contested estates since 2005, primarily in family provision and probate matters in the Supreme Court of NSW. He completed LLM in Wills & Estates in 2015, is a member of the Society of Trust and Estate Practitioners (STEP), and has been listed in listed in Doyles Guide ‘Leading Wills & Estates Litigation Lawyers – NSW’ for 2018-2021. He has been on the NSW Accredited Specialist Wills & Estates Assessment Committee, who set and mark examinations for candidates who apply to be Accredited Specialists in Wills & Estates.
Phillip McGowan
Phillip has worked exclusively in the areas of wills and estates and their related aspects for over 25 years. He has a wealth of experience in estate planning, estate administration and estate litigation. He specialises in complex inter-generational wealth protection and wealth transfer strategies for private clients. Phillip works closely with accountants, lawyers and financial advisors to assist clients to organise their affairs. He has presented and chaired numerous seminars. Phillip was the inaugural editor of the text ‘Wills, Probate and Administration Practice (New South Wales)’.
Justine Taylor
Since 2016, Justine has been listed by Doyles as a Recommended and Leading Wills & Estates Litigation Lawyer (NSW). Justine joined Uther Webster & Evans in 2004 and holds a Bachelor of Laws (First Class Honours) and Bachelor of Psychology. Justine became a Partner of Uther Webster & Evans in 2015, and is now a Principal Director. Justine’s primary practice and passion is in the area of estate planning and estate litigation, including complex wills, probate, contested estate litigation, protective list applications, general equity, estoppel and trusts.
Hugh Morrison
Hugh was called to the NSW Bar in 2017. Prior to coming to the Bar, Hugh worked as a solicitor at Teece Hodgson & Ward. He also worked as Tipstaff to the Probate and Protective List Judge in the Equity Division of the Supreme Court of NSW. Hugh practices primarily in probate, family provision, equity and protective litigation. Hugh has lectured in Succession for the Sydney University Law Extension Committee Diploma of Law (LPAB).
Leah Sewell
Leah Sewell is a solicitor with 20 years experience, an Accredited Specialist in Wills & Estates and recognised by Doyle’s Guide since 2020 in estate litigation. Leah is also a Trusts & Estates Practitioner with STEP. Leah’s practice covers all areas of wills and estates and elder law, including estate planning, estate disputes, trusts, unconscionable conduct, granny flats and misuse of powers of attorney/guardianships. Leah has recently been appointed by the court as an Independent Administrator in disputed estate matters. LS Legal was founded in 2012 and has recently expanded to the Central West with the opening of an office in Orange.
Adeline Schiralli
Adeline has extensive experience developing comprehensive and practical estate plans that suit the individual circumstances of her clients. She is adept at advising clients on matters including the implementation of wills (particularly sophisticated testamentary trust wills), powers of attorney and enduring guardianships, superannuation death benefit nominations and properly gifting the control of entities (including private companies and/or trusts) to the appropriate person(s) in the event of death and/or incapacity. Adeline assists with administration of a deceased persons’ estate and regularly advises clients in relation to retirement village contracts and aged care agreements.
Dr Hayley Bennett
Hayley has advised and appeared in areas including: Equity - testamentary capacity, knowledge and approval, undue influence, inter vivos property transfers; Family Provision; Public law; Protective - guardianship, financial management, issues related to mental illness; and Coronial Inquests and other Commissions of Inquiry. Hayley previously worked as a clinical and research neuropsychologist specialising in the cognitive and behavioural sequale of neurological, psychiatric, and other medical and psychological disorders. She has provided expert opinion to courts and tribunals where mental capacity and decision-making were in issue and sat on the Guardianship Tribunal of NSW (as it then was). Hayley has published and lectured in these areas.
Alisa Green
Alisa is experienced in contested estate litigation, including testamentary capacity matters, family provision cases, probate, estate administration and estate planning. Alisa was listed in the 2021 Doyles Guide’s list of Wills, Estates and Succession Planning Law Rising Stars in NSW and ACT. Alisa worked as the tipstaff to the Succession List Judge, the Honourable Justice P Hallen, in the Supreme Court of New South Wales in 2017. Alisa graduated with a Juris Doctor post graduate law degree from UNSW in 2015 and was admitted to practice in 2017. Alisa also holds a Bachelor of Science with Honours (Psychology) and Master of Psychology (Forensic) also from UNSW.
Warwick Gilbertson
Warwick has 45 years of experience and is the partner in charge of our Estate Planning and Family Law teams. He is a sought after advisor regarding wills, powers of attorney, guardianship, trusts, companies, superannuation finds, business entities and the claims that can be made upon them. Warwick is a Trust and Estate Practitioner (TEP), a specialist designation given to him by STEP for those advising families across generations.
Sharna Clemmett
Sharna Clemmett has practised as a barrister since 2012 and specialises in commercial law and equity, wills and estates, property law, consumer law, insolvency and corporations law, vexatious proceedings matters, proceeds of crime and legal costs. In her first year as an admitted solicitor, Sharna worked as Tipstaff to the Hon RW White in the Equity Division of the Supreme Court of New South Wales.
Adeline Schiralli
Adeline is adept at advising clients on matters including the implementation of wills (particularly sophisticated testamentary trust wills), powers of attorney and enduring guardianships, superannuation death benefit nominations and properly gifting the control of entities (including private companies and/or trusts) to the appropriate person(s) in the event of death and/or incapacity. Adeline assists with administration of a deceased persons’ estate and regularly advises clients in relation to retirement village contracts and aged care agreements. Adeline is also an Adjunct Lecturer at the College of Law, teaching numerous subjects in the Wills & Estates and Estate Planning majors for their Master of Law program.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km