Challenging Capacity, Contested Probate and Administration

Brush up on your skill repertoire for contesting and defending probate proceedings effectively, refine the way you use expert evidence and identify when and how it is necessary, and obtain tips and tricks for challenging wills based on undue influence or capacity issues. Explore executor risks, authority and grants and walk away with a toolkit of skills to make complexities clear. Finish the day by analysing debt distributions. WEB2311Q01Z

Description

Attend and earn 4 CPD units in Legal Knowledge
This program is based on QLD legislation

Chair: Florence Chen, Barrister, Level 27 Chambers; Leading Tax Junior Counsel, Doyle’s Guide 2022

9.00am to 9.05am Opening Comments by the Chair

9.05am to 9.50m A Practical Toolkit for Contested Probate

  • How to contest
  • What evidence is needed
  • How to defend contested proceedings

Presented by Trudy Naylor, Barrister, Callinan Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022

9.50am to 10.35am Expert Evidence: A Panel Discussion 

Panellists include: 
Florence Chen, Barrister, Level 27 Chambers; Leading Tax Junior Counsel, Doyle’s Guide 2022 
Rob Cumming TEP, Barrister, 19 Inns Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022
Angela Laylee, Barrister, 107 North Quay, Inns of Court 

10.35am to 10.50am Morning Tea

10.50am to 11.35am Challenging Wills on the Basis of Undue Influence or Lack of Capacity 

  • Lack of testamentary capacity: what is it and what sort of evidence do you need to establish it?
  • Undue influence over testators: what is it and what sort of evidence do you need to establish it?
  • How might such claims be resisted?

Presented by Rob Cumming TEP, Barrister, 19 Inns Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022

11.35am to 12.20pm Risks Inherent for Executors in Administering Estates Absent a Grant

  • From where does the authority of the executor/administrator arise?
  • Explore the nature of a grant of probate and letters of administration: why they are required and what authority derives from them?
  • When, however, is a grant of probate or letters not required or necessary? Discuss small estates and other circumstances
  • Assess status of the executor prior in the phase between date of death and issuance of a grant
  • Examine the vesting of property in the executor during this critical phase
  • Practical tips and strategies solicitors ought advise executors of pre-grant

Presented by David Topp, Barrister, Bank of NSW Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022

12.20pm to 1.05pm Debts and Distribution: Payment of Debts and Power of Appropriation

  • Debt of estate or debt of deceased
  • Statutory order of payment of debts
  • Working with beneficiaries
  • Giving notice of appropriation
  • When Court intervention is required

Presented by David Topp, Barrister, Bank of NSW Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2022

1.05pm to 1.15pm Closing Comments by the Chair

Presenters

Florence Chen
Florence Chen has a broad commercial practice with particular expertise in the areas of tax, building and construction, and succession.She acts in a wide spectrum of complex commercial disputes in both State and Federal jurisdictions. She is regularly briefed to advise and appear with and without a leader. She has most recently been involved in proceedings involving tax litigation for the ATO, QRO and the taxpayer relating to income tax, payroll tax, superannuation and stamp duty. She has appeared in various trials and hearings involving breaches of contracts, allegations of misleading and deceptive conduct, partnerships, allegations of breaches of directors duties, unfair preference payments, property and commercial leasing disputes, family provision applications and judicial review applications.Prior to coming to the Bar, Florence was the associate to the Honourable Justice Fryberg for two years and the Honourable Justice Jackson for one year. She also previously tutored Civil Procedure at the University of Queensland for 6 years.Florence is active in a number of professional and community organisations including as a current Bar Council Member for the Bar Association of Queensland, a Past President of Queensland Young Lawyers, and a past Events Coordinator for Out For Australia. 

Trudy Naylor
Trudy has practised as a lawyer for over 16 years, undertaking a wide variety of litigation. She initially practiced in wills and estate planning as an articled clerk, returning to the field more recently to specialise in estate litigation. Her broad litigation background assists her in advising individuals, charities, trustee companies, lawyers, accountants and financial advisers on estate and equity litigation, and estate planning. She acts for parties either pursuing or defending litigation involving estates, including family provision applications and solemn form probate proceedings. Trudy as also acted for administrators of estates in finalising property settlement matters in the Federal Circuit Court. Trudy also advises on and implements estate planning strategies and guides clients through the probate and estate administration process. Trudy's emphasis is to manage, protect and ultimately distribute assets to the right people, which requires a commercial and pragmatic approach to planning the succession of the wealth of her clients. Trudy was previously a panel lawyer for WorkCover Queensland, handling the defence of its common law claims. This role honed her skills in dealing with individuals during contentious situations and negotiating matters to a swift resolution. Her extensive experience atmediationsprovides calm and steady guidance for clients engaged in what can be one of the most stressful parts of estate litigation. With a reputation for progressing multiple matters in a highly efficient manner, Trudy has the ability to meet her clients' requirements in a timely and efficient manner. 

Angela Laylee
Angela practices primarily in the areas of insolvency and general commercial litigation. She has been involved in all facets of insolvency administration including advising insolvency practitioners, creditors and debtors and regularly appears in both the state and federal jurisdictions.In the more general commercial field, Angela has practiced across all jurisdictions, including appellate, and she also has experience in family law matters, property, contract disputes, estates (in particular family provision applications) and crime. She has also been involved in a number of matters which utilised alternative dispute resolution, in particular mediations.Angela practiced as a solicitor in Brisbane for 12 years (following 2 years as an articled clerk in Maryborough) and was called to the Bar in 2016.In keeping with her interest in insolvency, Angela is a member of a number of insolvency associations and was a member of the ARITA Queensland committee from 2013 to 2016.

Rob Cumming TEP
After 35 years as a solicitor, Rob commencedpractising as a barrister at the Queensland Bar in May 2017. Rob specialises in a range of estate, trust and disability law issues. He is well versed in dealing with estate litigation, particularly family provision applications, construction, rectification and cy-prŠs applications and solemn form proceedings. Similarly, he is very experienced in guardianship and administration matters and the special requirements for persons with a legal disability. As a solicitor, Rob successfully achieved Queensland Law Society Specialist Accreditation.

David Topp
David Topp is a Barrister at the private bar in Brisbane. Admitted as a solicitor in 2002 and having commenced practice as a barrister during February 2006, David 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 as the case may be. 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.

Michele Davis
Michele is a lawyer, nationally accredited mediator, educator, writer, phd candidate and podcaster. Michele is also a self-confessed succession nerd, having practisedalmost exclusively in wills and estates since her admission to legal practice. Michele has had this little slice of blog heaven for over 10 years now and still continues to write and research in all areas of succession law. Michele is the Legal Practice Director of herown firm, Michele Davis Consulting. In 2023, Michele was appointed as a Consulting Principal at the innovative, national and award-winning full-service law firm, Keypoint Law where she inspires people to make informed decisions about their life and legacy. Michele is a full member of the Queensland Law Society, the founder (and former president) of the Logan & Scenic Rim Law Association Inc and creator & owner of the Australian Succession & Elder Lawyers Community that boasts over 1,500 members of the profession across the country. Michele is also a full member of the Society of Trust & Estate Practitioners (STEP) and writes, edits and contributes to legal profession publications covering succession and elder law topics for the benefit of other lawyers education and development, including Wolters Kluwer (CCH). Michele received a Masters in Law (Applied Law), majoring in Wills & Estates and now teaches other lawyers as an Adjunct Lecturer for the College of Law in the very same post-graduate specialisationMasters program. In 2021, Michele was also appointed as the Practice Area Leader for Wills & Estates and Estate Planning Masters Programs for the College of Law. 

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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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