Wills and Estates Summit 2022
Strengthen your position by being on the cutting edge of the critical issues coming your way in the year ahead. With experts in the field, unravel a trust dispute case study, dive into strategies for minimising death benefits tax for SMSFs and uncover jurisdictional issues in estate planning. Examine the critical dynamics for combating elder abuse, take away a plan of action for managing clients in distress and so much more! 223Q05
Description
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 program is based on QLD legislation
Session 1
Succession Law Hot Issues
Chair: Dr John de Groot, Legal Practitioner Director and Special Counsel, de Groots Wills & Estate Lawyers; Accredited Specialist in Succession Law; co-author, Family Provision in Australia, LexisNexis Butterworths Australia; Best Lawyers 2022, Trust and Estates, Wealth Management/Succession Planning Practice; Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2021
9.00am to 10.00am Wills and Estate Litigation
- Documents, deeds and difficult executors: What rights does your client have?
- Errant enduring attorneys: clawing back property to the estate
- Tricky Issues faced by charities in estate litigation
Presented by Margaret Arthur, Special Counsel, HopgoodGanim; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2020
10.00am to 11.00am Case Study: Trust Deed Decision Making Scenario
Join this tour through the arc of a trust dispute involving the mythical ‘Wolfram’ family and their kin. We follow their fortunes:
- From initial discovery of potential entitlement under a trust
- Through investigation of the affairs of the trust, including administrative decisions
- Attacking distributions to others, when a beneficiary’s family has received nothing over some years
- Removal of a beneficiary
- Exercise of a power of appointment of a new trustee
- Tax and revenue consequence of the steps suggested above
Presented by David Marks KC, Hemmant’s List; Leading Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2021
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Death and SMSFs: Dealing with Lumpy Assets
SMSFs provide some great tax and asset protection benefits, but lumpy assets (like real property) typically need to be sold or transferred out of the superannuation environment on the death of members. It is prudent to plan for this contingency at the time of contributions.
- What to do with lumpy assets in excess of the ($1.7m) transfer balance account after a member's passing
- Tax treatment on payment of death benefits
- Strategies for minimising death benefits tax
- Transfer duty in Queensland on in-specie transfers and strategies to minimise duty assessments
- Using 6 member SMSFs as multigenerational funds
- The cashing rules
- Case studies
Presented by Kieran Hoare, ILP Director, Merthyr Law; SMSF Specialist Advisor
12.15pm to 1.15pm Estate Planning Where There is a Foreign Connection
- The nature and effect of nationality, domicile and residence
- Jurisdictional issues
- Domestic tax issues
- FIRB considerations
- Certain state taxes, particularly NSW
Presented by Bryan Mitchell, Principal, Mitchells Solicitors; Accredited Specialist in Succession Law; Pre-eminent Wills & Estates Litigation Lawyer and Leading Wills, Estates & Succession Planning Lawyer and, Doyle’s Guide 2021
Session 2
CPD Mandatory Core Areas for Wills and Estates Lawyers
Chair: David Topp, Barrister, Bank of NSW Chambers
Professional Skills
2.00pm to 3.00pm Entrusted Elders: Strategies for using Trusts to Combat Elder Abuse
Presented by Clifford Hughes CTA, Principal, Clifford Hughes & Associates; Accredited Specialist in Taxation Law; Accredited Specialist in Business Law (Qld); Accredited Specialist in Wills and Estates Law (VIC); SMSF Specialist Advisor
Practical Legal Ethics
3.00pm to 4.00pm Practical Ethical Dilemmas
- Succession law and ethical issues for practitioners
- Real life examples and consideration of ethical issues
- Making decisions through ethical dilemmas and who can help
Presented by Betty Leung, Senior Estate Planning 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 Skills for Managing Clients Through Estate Matters
- Understanding the nuances of will and estate matters
- Identifying your client
- Identifying the scope of your retainer
- Clients in distress: capacity, grief, anxiety and stress
- The use of tailored communication plans
Presented by Carla Parsons, Director, Parsons Law; Accredited Specialist in Succession Law; Best Lawyers 2022, Trusts & Estates, Lawyer of the Year 2022, Wealth Management/Succession Planning Practice; Leading Wills, Estates & Succession Planning Lawyer and Leading Wills & Estates Litigation Lawyer, Doyle’s Guide 2021
Venue
Sofitel Brisbane Central
Level 2, 249 Turbot Street
Brisbane 4000 QLD
Australia
Parking information
Parking is not included in your registration.
There is parking within the hotel's onsite car park:
0 to 1/2 Hr $17.00
1/2 to 1 Hr $35.00
1 to 2 Hrs $42.00
2 to 3 Hrs $55.00
3 to 4 Hrs $65.00
4+ Hrs $65.00
Motorbikes $10.00
In-house Guests (24hr) $47.00
Valet Parking (24hr) $57.00
Lost Ticket $65.00
Directions
Sole entrance to the hotel from Turbot Street. The doors that lead from Central Station to the hotel will be locked and labeled “Meeting Point”, so guests will know where to start their journey. Displayed will be a QR code that when scanned will play a video of one of Sofitel Ambassadors guiding you to the Turbot Street entrance should you need direction. There is also directional signage installed on the walls & floor within Central Station that will clearly guide you to the hotel. Should you need lift assistance please let Sofitel know your travel details and they will have an ambassador escort you to a lift and into the hotel.
Alternatively, you can enter the hotel via Harelquin Jack (located within Central Station) Monday - Friday, 11:00am - 8:30pm.
For further assistance, please call the hotel on 0468 566 719 and one of the friendly Ambassadors will find you at the Meeting Point to guide you to the entrance.
Presenters
Dr John de Groot
John de Groot is a highly respected Accredited Specialist in Wills and Estate Law with more than 30 years’ experience in estate planning, estate administration and estate litigation. John brings to his clients an extensive and comprehensive array of legal skills and solutions, with a focus on quality outcomes. John is able to clearly explain complex legal terms and provisions to provide his clients with peace of mind and an assurance that he has their best interests in mind. John is a leading specialist in Succession Law and author of a number of definitive publications on the subject. These include: ‘Wills Probate and Administration Practice (Queensland)’, ‘Wills Probate and Administration Practice (New South Wales)’ and ‘Family Provision in Australia’ (an estate litigation text), of which he is co-author with Mr Bruce Nickel. In 2016, John was invited to join the International Academy of Estate and Trust Law as a member. The International Academy has members from forty-one countries, and provided John with international recognition for his contributions in lecturing, writing, and participation in professional organisations. John is a regular speaker for the Queensland Law Society. Doyle’s listed John as a leading lawyer in the areas of wills and estates litigation and succession planning for three consecutive years in 2018, 2019 and 2020.
Margaret Arthur
Margaret Arthur is an accredited specialist in Succession Law. Margaret specializes in all aspects of estate litigation and has considerable experience in the role of court-appointed independent administrator and litigation guardian. Margaret is the Chair of the Health & Disability Committee of the Queensland Law Society and a member of the Management Committee of Caxton Legal Centre. She is a former part-time Member of the Queensland Civil and Administrative Tribunal.
David Marks KC
David W Marks KC is a commercial Silk practising principally in Tax. He has a broader practice in commercial litigation, trusts and estates, and administrative law. He contributes to the life of the profession through his committee work for the Law Council, Bar Association and Taxation Institute.
Kieran Hoare
Kieran Hoare is a Principal of Merthyr Law Pty Ltd and an accredited SMSF Specialist Advisor with the SMSF Association. Kieran has been practicing law since 2002 and specialises in navigating investment structures and regulatory framework for SMSFs and is often called upon to assist clients’ existing advisors and independently represent and advise SMSF trustees. Kieran keeps his professional network up to date through prolific posting on Linkedin and other social media.
Bryan Mitchell
Bryan Mitchell is the Managing Director of the firm Mitchells Solicitors Australia Pty Ltd, having offices in Moorooka, Brisbane City, Aspley & Maroochydore. He assists clients in the three areas of Wills and Estates, being Estate Planning, Estate Disputes and Estate Administration. He is a regular public speaker. Brian presently serves as chair of the Society Of Trust And Estate Practitioners Australia. He is deputy chair of the Queensland Law Society Succession Law Policy Committee and committee member of the Queensland Law Society Specialist Accreditation Advisory Committee for Succession Law. Bryan's interests include singing, camping and enjoying a good T-bone steak.”
David Topp
David was admitted as a solicitor in 2002 and commenced practice as a barrister in February 2006. He has many years of practical experience in all aspects of trusts, estate and family provision litigation and dispute resolution, along with a sideline practice as a registered costs assessor or costs advocate. David is an accomplished speaker having presented seminars on many prior occasions for Lexis Nexis, Step Qld, Step Tasmania, the Qld Law Society, Television Education Network and Legalwise, and has had written work published by Proctor, the Tasmanian Law Society's quarterly Law Letter, CCH Online and Lawyers Weekly. David is also the author of two Security for Costs textbooks and the property law themed Tennyson Breach
Clifford Hughes CTA
Clifford Hughes practices as an independent consultant to numerous legal and accounting firms in respect of tax, super, business structuring and succession issues for their own practice structures and also for their clients. He is a Chartered Tax Advisor and a triple Accredited Specialist with the Queensland Law Society & the Law Institute of Victoria.
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.
Carla Parsons
Carla Parsons is the founder and Legal Practitioner Director of Parsons Law Pty Ltd and is one of only 43 Accredited Specialists in Succession Law in Queensland. She has extensive experience in all areas of Estate Planning, deceased estate and trust administration and Estate Litigation. Carla has been recognised since 2017 in Doyles Guide as a Leading Lawyer in respect to her practice in Wills, Estate & Succession Planning and in Estate Litigation in Queensland. Carla has been recognised since 2020 in Best Lawyers and has further been named in Best Lawyers as the “2021 Lawyer of the Year” for her work in respect to Trusts and Estates, Brisbane and “2022 Lawyer of the Year” in respect to her Wealth Management / Succession Planning Practice, Brisbane. She is a regular speaker and presenter and a current member of Society of Trust and Estate Practitioners (Queensland).