Wills and Estates Symposium: Planning, Administration & Litigation
The Wills and Estates Symposium is a must attend event for every solicitor practising in the area. The day ties together estate planning and estate administration issues with what you need to know in estate litigation (as well as how to avoid litigation). This program includes highly qualified speakers and excellent topics for you to develop your practice and to give you a macro view of wills and estates practice.
Description
Attend and earn 7 CPD units in Legal Knowledge
This symposium was recorded in QLD on 14 November 2018
Session 1
Estate Planning and Administration Hot Topics
Chair: David Marks QC, Level 16 Inns of Court; Recommended Estate Litigation Barrister, Doyle’s Guide 2017; Leading Tax Barrister, Doyle’s Guide 2017
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Superannuation: How We Should Plan for Issues on Incapacity and Death
Increasing attacks on the superannuation death benefit payments over the last few years has highlighted the number of potential traps where the plan has not been properly considered.
You will examine binding nominations, issues with trust deeds, positions of conflict and enduring powers of attorney.
Presented by Hayley Mitchell, Senior Associate, Cooper Grace Ward Lawyers; Accredited Specialist in Succession Law
9.50am to 10.35am: Estates Involving Foreign Assets and/or Beneficiaries
- Taxation issues arising from foreign beneficiaries and assets
- Impact of domicile of testator vs location of assets
- Limitations on testamentary freedom
- Recognition of Australian wills in foreign jurisdictions
- Will drafting and structuring techniques to avoid or minimise issues
Presented by Frances Fredriksen, Director, Fredriksen Legal; Accredited Specialist in Succession Law; Leading Wills, Estates & Succession Planning Lawyer and Recommended Estate Litigation Lawyer, Doyle’s Guide 2017
10.35am to 11.20am: Complex Administration: Acting for the Executor
A discussion of complex probate applications and the executor’s duties when making such applications, considering both capacity issues and informal wills.
Presented by Sarah Doblo, Senior Associate, McCullough Robertson Lawyers; Accredited Specialist in Succession Law; Wills, Estates & Succession Planning Rising Star, Doyle’s Guide 2017
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Avoiding Litigation: A How-To Guide for Estate Planners
- Inter vivos transactions: how to make them stick after death, especially where there is an Enduring Power of Attorney in place
- Family pressure: Is it undue influence?
- Solicitors duties in estate planning and associated transactions
Presented by Chris Herrald, Senior Associate, Mullins Lawyers; Recommended Wills, Estates & Succession Planning Lawyer and Recommended Estate Litigation Lawyer, Doyle’s Guide 2017
12.20pm to 1.05pm: Estate Administration: Acting for a Beneficiary
- What are a beneficiary’s rights during the administration phase?
- What are a beneficiary’s rights in relation to a specific gift?
- How can a beneficiary complain about the actions of an executor?
Presented by Prue Poole, Principal, McInnes Wilson Lawyers; Accredited Specialist in Succession Law; Best Lawyers 2019, Trusts and Estates
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Wills and Estates Litigation
2.00pm to 2.45pm: Recent Cases in Succession Law
A practical update on recent developments covering cases from Queensland and other states on: informal wills, construction and rectification of wills, disposal of bodily remains, contested probate proceedings, statutory wills and family provision.
Presented by Richard Williams, Barrister, Brisbane Chambers; Leading Wills & Estates Litigation Barrister, Doyle’s Guide 2017
2.45pm to 3.30pm: The Forced Removal and Replacement of Executors
- Principles and grounds for removal of executors in probate proceedings
- Litigation procedure and strategy
- Particular considerations involving disputes between co-executors
Presented by Andrew Fraser, Barrister, Chancery Barristers; Leading Wills & Estates Litigation Junior Counsel, Doyle's Guide 2018
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Equitable Remedies in Estate Litigation
- Common account
- Equitable compensation
- Constructive trusts
- Account of profits
- Tracing
- Injunction
Presented by Dr Stephen Lee, Barrister, 35 West Chambers
4.30pm to 5.15pm: Steering the Executor Through Troubled Times
- Current law on DNA testing for parentage
- Addressing beneficiaries who behave badly
- The protection of minors through the litigation period and prior to final distribution
Presented by Kathleen Conroy, Partner, Gadens