Wills and Estates Symposium
Issues covered include: recent cases, informal will applications, taxation of deceased estates, new guardianship & administration laws, financial agreements under Family Law Act 1975, managing a wills and estates practice, Baker v Baker, client's capacity
Description
Catch up on recent developments and key issues for wills and estates lawyers from the last 12 months. Address significant cases in succession law, informal wills difficulties, taxation quagmires, the new guardianship & administration laws, capacity issues, affidavits and so much more!
Issues covered include: Recent Cases in Succession Law, Informal Will Applications, Taxation of Deceased Estates , The Impact of the New Guardianship & Administration Laws on Your Practice, Financial Agreements Under the Family Law Act 1975 and their Impact on Estate Planning, Managing a Wills and Estates Practice in a Competitive Market, How to Efficiently Prepare Affidavits in Family Provision Proceedings: Lessons from Baker v Baker [2019]
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
Session 1
Succession Law Hot Spots
Chair: David W Marks QC, Inns of Court; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2019
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Recent Cases in Succession Law
Review of significant cases in succession law from the last 12 months.
Presented by Dr Katrina Kluss, Barrister, More Chambers, Hemmant’s List; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019
9.50am to 10.35am: Informal Will Applications
- Establishing the testator’s intention
- Evidence of testamentary capacity
- Preparing the application and supporting affidavits
- Recent case law
Presented by Pip Coore, Barrister, Chancery Barristers + Mediators
10.35am to 10.50am Morning Tea
10.50am to 11.35am: Taxation of Deceased Estates
- Income tax issues in deceased estates
- Present entitlement of beneficiaries
- Capital gains tax issues in deceased estates
- Application of main residence exemption
- Gifts to charities and non-resident beneficiaries
- Liability of executors, particularly in light of ATO PCG 2018/4
Presented by Angela Cornford-Scott, Director, Cornford-Scott Lawyers; Accredited Specialist in Succession Law; Preeminent Wills & Estates Litigation Lawyer and Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019
11.35am to 12.20pm: The Impact of the New Guardianship & Administration Laws on Your Practice
- The how and why of the new reforms
- The most significant changes for wills & estate practitioners
- Changes to the ademption rules and the impact on applications for compensation under the Powers of Attorney Act & Guardianship & Administration Act
- What the changes mean for drafting Enduring Powers of Attorney, Wills and Advance Health Directives
- How the laws will affect clients, QCAT, the Public Trustee and others
Presented by Margaret Arthur, Partner, CRH Law; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2019; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2018
12.20pm to 1.05pm: Financial Agreements Under the Family Law Act 1975 and their Impact on Estate Planning
This session will explore the family courts recent approach to financial agreements, in particular post the High Court decision in Thorne v Kennedy and their potential impact on estate planning, including inheritances and family provision claims.
Presented by Phillip Sorensen, Barrister, Fifteen Inns of Court; Accredited Specialist in Family Law
Session 2
CPD Mandatory Core Areas for Wills and Estates Lawyers
Chair: TBC
Practice Management & Business Skills
2.00pm to 3.00pm: Managing a Wills and Estates Practice in a Competitive Market
- Standing out in a competitive legal market
- Costs in wills and estates and your practice
- Managing workload and cash flow management
- Applications of technology
- Dealing with clients in distress
Presented by Carla Parsons, Director, Parsons Law; Accredited Specialist in Succession Law; Recommended Wills, Estates & Succession Planning Lawyer and Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
Professional Skills
3.00pm to 4.00pm: How to Efficiently Prepare Affidavits in Family Provision Proceedings: Lessons from Baker v Baker [2019]
- The operation of r. 430 of the UCPR and the impermissible use of hearsay evidence in proceedings where final relief is sought
- Compliance with para [11] of Practice Direction 8
- Compliance with r. 435 (12) of the UCPR
- How noncompliance with r. 430 of the UCPR, para [11] of PD 8 and r. 435 (12) of the UCPR may impact on recovery of costs
Presented by Llewellyn Judd, Barrister, Cedric Hampson Chambers, Inns of Court
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm: Managing Professional Duties and Risks, When a Client’s Capacity is in Doubt
Capacity is a question of fact, decided by a judge not a doctor or lawyer
- Documenting your observations and making your own investigations
- The ‘Golden Rule’ of getting a medical opinion in modern practice
- What assessment to ask for and whom to ask
- Limits of screening tests like MMSE and MOCA
- Fluctuating capacity and lucid intervals
- Conflicting opinions of doctors and lawyers
Presented by Dr Dan Morgan, Barrister, Chancery Barristers and Mediators; Leading Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2019 and Sarah Doblo, Senior Associate, McCullough Robertson; Recommended Wills & Estates Litigation Lawyer, Doyle’s Guide 2019
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia
Parking Information
Parking is not included in you registration. Here are some options below. Secure Parking at Mercure Hotel offers a discounted daily rate from $36 by validating tickets at Mercure Reception prior to departure. Click here to view rates .
Directions
Nearby Public Transport:Train Stations - Roma Street StationBus Interchange - George Square Bus Station