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

Cliftons - Spring Street

 

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Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
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Issues covered include: trust structures, distribution strategies, asset protection

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Issues covered include: ATO, Taxation of trusts, Trust splitting, Fixed trust, distribution of capital gains, trust strutures, asset protection, sham trust, discretionary trust drafting, trust vesting and winding up, UPEs, Division 7A, loans, transfer duty on specie distributions, Trust Variations and Resolutions, Corporate Trustees, testamentary trusts.

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Issues covered include: VCAT's jurisdiction, evidence, procedural fairness, natural justice, Victorian Civil and Administrative Tribunal, VCAT, ADR, mediation, compulsory conference

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Issues covered include: Capacity, capacity disputes, equitable remedies, estate litigation, undue influence, unconscionable conduct, estoppel, extension of time, mediation, superannuation, testamentary trusts, enduring powers of attorney, financial agreements

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Issues covered include: Informal wills, Succession, Beneficiaries, Testators, Recent cases, Superannuation, Succession Law and Family Law, contested Probate, Undue Influence, Claims for adult children.

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Issues covered include: family provisions rpactice updates, costs, mediation, ethics

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Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages

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Issues covered include: case update, legislation update, criminal injuries, impairment assessment, appeals to District Court

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Issues covered include: pre-accident risk assessment, workplace incidents, WHS litigation, pleas, defended hearings

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Issues covered include: incident management, reportable conduct scheme, complaint, workplace investigation, ill and injured staff, medical certificates

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Issues covered include: warranties, indemnities, insurance, M&A transactions

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Issues covered include: strata, short stay, body corporate, foreign investors, duty, CGT, interim planning decisions, administrative law rulings

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Issues covered include: privilege, waiver, the Harman Obligation, advocacy

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Issues covered include: blended families, second spouses, superannuation, case update

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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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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