Elder Law, Capacity and Succession

Hear from some of the best lawyers in the disability sector as they review recent changes to SDA regulations; financing disability and SDA housing; practice standards and worker screening requirements under the NDIS Quality & Safeguarding Framework; and key learnings from The Royal Commission. Review other laws that impact on your business including privacy and cyber-security, consumer laws, employment law, workplace manslaughter offences & more.

These are times of rapid change for aged care providers, retirement villages and residents, so it’s essential that you’re across a wide range of issues. We’ll help you do just that with practical, information-packed sessions covering critical financial matters facing residents and providers, resident care concerns, the hottest issues in employment law, the latest legislative updates and reforms and more, all packed into one revelatory conference.

Issues covered include: Royal Commission update, convergence and seniors living, wills and estates, care services and GST, elder abuse

Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

Don’t miss your chance to examine critical regulatory and employment issues reforming the aged care sector right now. Join legal experts offering in-depth insights into the Royal Commission & regulatory reforms, how to deal with complaints, investigations & the Regulator, duty of care issues, whistleblowing, NDIS, & the new SIRS regime. Explore timely workplace issues including managing underperformance, dismissals, staff mental health, vaccination protocols, health & safety updates & IR reforms. WEB216N26

Maximise quality of care & minimise risk by gaining urgent updates & in-depth guidance into the key resident care issues in the aged care sector right now. Examine how to respond to and report sexual assaults. Consider how to deal with residents and restraints. Get up to date on the latest in resident privacy issues. Explore takeaways from recent coronial inquests and gain up to date guidance on the latest risk management and regulatory compliance strategies related to client care. WEB216V05

Prepare yourself to navigate the many new legal, regulatory & compliance risks facing the aged care and retirement village industries right now. Scrutinise the latest legislation in regulatory compliance and governance. Catch up on the critical employment law concerns now facing the industry. Consider how to manage disputes, elder abuse, & capacity issues. Consider care agreements and contracts in today’s environment. Examine emerging finance and funding issues.

Issues covered include: Standards and regulatory compliance, clinical compliance, employment law updates and key changes

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.

Issues covered include: Estate planning, vulnerable beneficiaries, beneficiary, urgent applications, interlocutory applications, enduring powers of attorney, variation of trusts, business succession, death benefit, succession law, ethics, conflicts of interests, testamentary capacity, interview skills, technology, business model, marketing, cost, fixed pricing

Issues covered include: deceased estates, superannuation, family provision applications, urgent and interlocutory applications, mediation, ethics, risk management, capacity, vulnerability

Issues covered include: Retainer, Compliance, Uniform Law, Fixed fee, Disputes, Costs Recovery, Billing.

Issues covered include: Guardianship division, SACAT, elder law, elder abuse, powers of attorney, advance care derivatives, capacity, mental impairment

Issues covered include: Blended Families and Vulnerable Beneficiaries, Enduring powers of guardianship, Family Provision Act, Business Succession, Property, Beddoe applications, Benjamin orders, Succession, Wills, s45 Administration Act, s92 Trustees Act.

Issues covered include: contributions, property, investments, death benefits, insurance

Issues covered include: precedents, discretionary trusts, value, asset protection and utility, inter vivos trusts, family trusts, superannuation, life insurance, family succession

Issues covered include: trust structures, distribution strategies, asset protection

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.

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

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

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

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

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

Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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.

When it comes to expert estate planning and probate you are expected to know how to skilfully handle any complication or dispute that arises. Master how to do just that as our vaunted speakers cover blended families, tax, testamentary trusts, business assets, problematic and unusual probate issues, and much more. Receive practical information, realistic examples and relevant legal updates that will enhance your mastery of this area.

Your clients have worked hard to put themselves in the best financial position possible and they’re counting on you to help them stay in that position. But doing so is often far easier said than done. Wills are challenged, superannuation and tax laws change and a client’s personal situation can shift at a moment’s notice. In one info-packed morning you can master the strategies necessary to manage these issues throughout your client’s lifetime and upon death.

Esoteric topics might be interesting, but not very useful in the day-to-day of managing estate conflicts. Attend for the afternoon and walk away with valuable, practical advice from key parties, including the SAT, the OPA, the bar and private practice. Gain concrete, hands-on guidance on essential practices and procedures along with key updates that you can take back to the office and apply immediately.

Do you want to take your wills and estates practice to the next level? Hear from some of Sydney’s leading practitioners on highly relevant topics and issues to develop your practice in 2018 and beyond. The morning session include five hot topics in estate planning and administration. The afternoon is not to be missed as five star practitioners give you guidance on disputes (including resolving them early) and court applications.

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.

Issues covered include: Court of Appeal decisions, blended families, national estates, assessing quantam,

Issues covered include: mediation of family provision claims, drafting affidavits, claims by adult children

Issues covered include: planning for litigation, taxation and trust issues, spousal claims, family law and family estate provision claim

Issues covered include: Estate litigation, equity and deceased estates, executors and trustees, parent and child relationships, the question of jurisdiction

Issues covered include: entity succession, succession planning, tax, proposed reforms, suspect capacity, will instructions, solicitor's duties

Issues covered include: estates and succession, estate administration, probate applications, executor duties, taxation

Issues covered include: Family Provision claims, widows, de facto spouses and blended families, preparing for hearing, equitable estoppel, constructive trusts

Issues covered include: estates and succession, estate administration, estate law case update, beneficiary rights, jurisdiction, estate disputes, life estates, testamentary capacity disputes

Issues covered include: family law, estate planning, testamentary trusts, asset protection, foreign trusts, solicitor disclosure obligations, ethical dilemmas, communication skills, contract law, strata update, procedures in litigation and property law.

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

Issues covered include: Taking Instructions, Anticipating Disputes,Managing the ‘What If’s

Issues covered include: The Family Provision Act, The Adult Child as a Family Provision Claimant, Family Provision Claims in Blended Families:, Other Estate Litigation Cases and the Takeaways for Your Practice

Issues covered include: Superannuation and Estate Planning, Elder Abuse in the Estate Planning Context, Taking and Recording Instructions for Wills, Probate

Issues covered include: Testamentary trusts, drafting, toolkit,

Issues covered include: Family provision claims, family provision hearings, commencing family provision claim, evidence, expert evidence, claims, witness, estate practice,

Gain insight into the complex issues of trusts and deeds in this high level afternoon masterclass. Discover how to set up an airtight trust by delving into the areas the Family Court focuses on. Gain in-depth knowledge of issues surrounding insolvent trustees so you are in prime position to give accurate advice. Ensure you are on top of the always relevant areas of amending and resettlement.

Issues covered include: estate litigation update, taxation, trust, informal wills, superannuation death benefit, litigation, client capacity, property dilemmas

Issues covered include: COA decisions, quantum, family provision, estate administration, estate taxation, discovery, distressed clients

Issues covered include: tax implications, testamentary trusts, family provision, drafting, dealing with creditors and former spouses, family trusts, superannuation, case studies .

Issues covered include: letter writing, wills, Powers of Attorney, NCAT, estate administration, contested probrate, family provision claims

Issues covered include: probate procedure update, service in probate, recent probate decisions, executive dies, executive loses capacity, testamentary capacity, evidence of capacity, ususal probate applications, lost wills, recification of will, grants, tax in deceased estate, capital gains tax in estate, trusts and companies in wills, assets

Issues covered include: probate, caveat, estate disputes, passing over applications, family provision, beneficiaries, Trustee Act

Issues covered include: business succession, companies, trusts, insolvency, variation of trusts, special disability trusts

Issues covered include: taxation, trust, informal wills, superannuation death benefit

Video conferencing technology like Skype, WhatsApp, FaceTime and Zoom can now be used in NSW in the witnessing of critical legal documents like wills, powers of attorney, affidavits and statutory declarations under a new regulation made on 22 April 2020. Master how you can legally execute estate planning documents in the COVID-19 landscape whilst protecting vulnerable clients. Attend this webinar for a practical perspective from a wills and estates expert.

Issues covered include: execution of legal documents, COVID-19, technological impact

Issues covered include: litigation, real property, client capacity

Issues covered include: Wills Act 1997, Powers of Attorney Act 2014, audio visual witnessing, electronic signatures, case studies

Don’t have time to earn your CPD points in dribs and drabs over the course of a year? This program is designed to give you the need-to-know updates for your practice and all of your CPD points, including the compulsory units, in one go. All at one place, all in one day. Attend the full program or just book the session you want. It’s as simple as that.

Gain answers to your clients’ questions on gifting, transferring & protecting real property. Acquire strategies for clients with changed circumstances, including how to structure documents and administer deceased estates differently during a recession. Finally, develop a proactive multi-dimensional plan of action before your client loses capacity, and explore the impact of loss of capacity on SMSFs and family trusts.

Examine how to deal with companies & trusts, including succession planning on death or incapacity, trustees & beneficiaries, UPEs, and SMSFs. Consider the increasingly important issue of the impact of bankruptcy & insolvency on trusts & trustees. And finally, explore when and how to use Special Disability Trusts. Our expert panel will delve into these complex issues of succession and estate planning.

Family provision claims continue to rise. Don’t miss this chance to review recent key decisions from the NSW Supreme Court and Court of Appeal and how they are applicable in your practice. This is a must attend seminar for wills and estates practitioners.

Explore the risks and practical challenges that practitioners are facing right now with how the electronic signing and witnessing of digital documents is playing out in practice. Gain a practical guide into signing wills, powers of attorney, affidavits and statutory declarations electronically. Examine who is considered a special witness, ensuring a document’s validity, what to include in Certificates of Special Witness and how to manage the related risks that are tripping up practitioners right now.

Examine the complexities of superannuation in estate matters. Explore when the superannuation is part of the estate depending on the superannuation fund. In addition, delve into the obligations of the personal representative when discretion exists and other practical issues.

Gifting, transferring and protecting real property as part of your client’s estate plan, will be addressed in this session. You will examine the distinction between life interests and right to occupy, then review the pros and cons of protecting real property using testamentary trusts.

Australia is in recession for the first time in 29 years, discover what advice you should be giving your clients right now. How do you deal with beneficiaries with changed circumstances? How can they take advantage of the economic conditions? You will gain insights on key changes in estate administration and how to circumvent estate litigation risks. This is a must attend seminar for wills and estates lawyers.

Develop a proactive multi-dimensional plan of action before your client loses capacity. Explore capacity issues and the ramifications on wills for gifted properties. Review financial enduring powers of attorney then delve into the impact of loss of capacity on SMSFs and trusts. This is a must attend seminar for wills and estates lawyers.

Master how to deal with variations of trust deeds when circumstances change. Examine what to look for in a review, essential clauses, the terms of any variation power, and when to rely on a variation power to amend a trust instrument. Gain insights on adding and removing beneficiaries, settlement versus resettlement, transfer duty implications, vesting issues, trustee powers, beneficiary considerations and more. This session is a must attend for all commercial, corporate and wills & estates practitioners.

Don’t miss this chance to review recent case law and emerging issues in family provision claims. You will work through a range of comprehensive and focused sessions tackling the key issues facing wills and estate practitioners including estrangement; claims by adult children, spouses & de facto spouses; notional estates; and equitable remedies. You won’t find a more in-depth and useful guide to family provision claims anywhere else.

Family Provision claims are on the rise. Don’t miss this chance to work through a range of comprehensive and focused sessions tackling the key issues facing all wills and estate disputes practitioners. Examine the latest cases, estrangement and disentitling conduct, blended family issues in Family Provision claims and more.

With estate claims on the rise, experts will provide practical insights on how to protect your clients from claims before it is too late. You will also gain deep insights into Part IV claims and equitable remedies. This program is jam packed with the latest cases and guidance on how to handle claims by adult children, the intersection of family law and Part IV claims, and more.

Delve deep into solemn form applications for probate and solemn form proceedings. Gain an analysis of the latest succession law cases and trends that you need to know. Understand the intricacies around citations and unusual grants.. In one morning catch up on everything you need to know about the seemingly simple and the definitely not so simple areas of estate administration and probate.

With the NSW budget to be handed down on November 17, we’ve gathered legal and accounting experts to provide you with the need to know information on property tax topics like land tax, duties, developer and subdivision issues, concessions, strata, deceased estates, COVID-19 measures, CGT and Main Residence Exemption and vacant land provisions. Whether you specialise in property law or you just want to ensure your knowledge is up to date in this fast changing area, this seminar is for you.

Examine how to deal with companies & trusts, including testamentary trusts, discretionary trusts, protective trusts and life interests. Delve into the intricacies of preparing a complex estate plan. Gain strategies for SMSFs including pre-retirement vs pensioner planning, taxes and the impact of equity. Understand options available for inter vivos and testamentary philanthropic vehicles. This is a must attend seminar for all wills and estates practitioners.

Delve deep into complex applications for letters of administration, including dealing with limited grants of representation & resolving contested applications. Examine key learnings from contested estate proceedings & key takeaways from the latest cases. Master how to plan for estate administration, including how to deal with jurisdictional, executor & tax considerations. Finally, gain your ethics point while considering your duties in advising estate administration clients.

Immerse yourself in critical issues in the area of wills and estate disputes. Gain a deep understanding of equitable claims in estate litigation, testamentary discretionary trusts, current practice and procedure in family provision matters, how to deal with superannuation issues on death and the latest cases you need to know. You will walk away with the information you need and practical skills and strategies to bolster your practice.

Prepare yourself to navigate the many new legal, regulatory & compliance risks facing the aged care and retirement village industries right now. Scrutinise the latest legislation in regulatory compliance and governance. Catch up on the critical employment law concerns now facing the industry. Consider how to manage disputes, elder abuse, & capacity issues. Consider care agreements and contracts in today’s environment. Examine emerging finance and funding issues.

This inaugural event will give you a solid grounding in the issues involved in the specialised and complex areas of the law of military compensation and veteran’s entitlement. With hundreds of thousands of veterans and members of the ADF, and their dependents, the issues presented here are of great relevance. Dive into the intricacies of the court and tribunal systems and get an overview of the military compensation scheme, all while understanding the unique mental health issues affecting veteran’s claims.

213N16: Make it easy on yourself by making this your one stop shop for everything you need for your wills and estates practice this CPD year. Review recent cases in informal wills, family provision, and probate. Gain insights on elder law issues, asset protection, estate planning and so much more. Attend the full day to earn your compulsory CPD units with unique sessions for wills and estates lawyers.

WEB213N12: Perfect for all lawyers looking to begin or build their wills and estate law practice, this comprehensive & practical workshop will give you the knowledge and skills needed to effectively and efficiently draft a will. Experienced Accredited Specialists will walk you step by step through the strategies, procedures and requirements you need. Using concrete examples, legislation and cases, you will gain a toolkit for this critical step in estate planning.

213N31: Work through hypothetical scenarios covering real world issues with a particular focus on asset protection, tax implications, and interaction with superannuation. Tackle drafting issues and concerns around family trusts and other structures. Identify these key issues, the optimal advice to give your clients, and then together create the documentation needed to put the plan into place. Have all your questions answered and perfect your practice in this critical area of estate planning.

WEB213V05: Make it easy on yourself by making this your one stop shop for everything you need for your wills and estates practice this CPD year. Examine TFM applications and eligibility criteria, the latest on SMSF death benefit disputes, proving testamentary capacity, and cross border estate litigation. In the afternoon, gain insights on elder law issues, inter vivos trustee discretion, drafting for conflicts of interest in wills, and EPOAs. This industry leading annual conference is not to be missed.

213Q13: The increase in diversity of assets held by individuals and the entities and structures associated with them means that estate planning has become a holistic exercise that extends beyond the preparation of a will for a client. An appropriately constructed estate plan should have regard to the full circumstances of the client, not only their assets and how they are held, but also to their family dynamic and the potential for disputes.

213Q04: Navigate some of the critical issues that will be coming your way in the year ahead. Delve into the latest developments in family provisions and elder law issues including the new guardianship and administration laws, informal wills, mutual will agreements and SMSF death benefits. Attend the full day to earn your compulsory CPD units from the best in the field. This annual conference is not to be missed.

WEB213W25: Modern will drafting is complex, reflecting the complex world our clients inhabit. Modern estate planning is a holistic exercise that centres on the will but branches out into many other areas including trusts. In this workshop you will explore how to maximise the potency of different types of trusts. Learn various modern estate planning strategies and test them using real world examples. Discover why strategies used in the past may now be obsolete.

213W16: Acquire skills on aligning your business succession, SMSF and personal estate plans. Delve deep into the world of litigation costs in contested probate proceedings, Family Provision Act claims and trust litigation. Gain clarity on dealing with privilege and how to handle clients of questionable capacity or integrity. This is a must attend seminar for wills and estates lawyers involved in estate planning, administration and litigation.

213W03: Catch up on recent developments and key issues for wills and estates lawyers from the last 12 months. Delve into the intricacies of mutual and informal wills, investigate family provision claims including estrangement and costs, understand the intersection of family law with wills and estates and examine critical guardianship issues.

213W04: This is a no fluff, all-strategy, must-attend seminar for all wills and estates lawyers. Delve into the tips and traps of SMSFs and family trusts in estate planning. Scrutinise the tax issues in testamentary and estate proceeds trusts. Acquire the critical need-to-know aspects of Enduring Powers of Attorney and financial elder abuse including solicitor obligations.

Unravel the intricate hot spots of complex estate administration and probate. Decipher the difficulties of intestate estate administration. Gain insights on proving an informal will. Acquire steps to follow when approaching the court when dealing with uncertain and unknown beneficiaries. Review Benjamin Orders and gain lessons from recent Probate and Family Provisions cases. This annual event is a must-attend for all wills and estates lawyers. 216N33

Unravel the trust and tax hot spots when a trust beneficiary dies. Discover the process of ensuring an SMSF remains compliant when a member loses capacity. Uncover tax considerations for passing assets to non-resident beneficiaries and when it triggers a capital gain for the estate. This technical, practical and must-attend event is essential for all wills and estates lawyers as leading experts decode the critical dynamics that impact on your practice. WEB216N04

Examine capacity, substitute decision making instruments, and powers of attorney from the legal & medical perspectives. Gain unique insights from the banking sector on how it addresses elder abuse. Explore practical asset protection strategies and master how to recover assets after elder financial abuse occurs. Finally, work through how to deal with instances of elder financial abuse when the victim is deceased or lacks capacity. WEB215N08

Don’t miss your chance to examine critical regulatory and employment issues reforming the aged care sector right now. Join legal experts offering in-depth insights into the Royal Commission & regulatory reforms, how to deal with complaints, investigations & the Regulator, duty of care issues, whistleblowing, NDIS, & the new SIRS regime. Explore timely workplace issues including managing underperformance, dismissals, staff mental health, vaccination protocols, health & safety updates & IR reforms. WEB216N26

Maximise quality of care & minimise risk by gaining urgent updates & in-depth guidance into the key resident care issues in the aged care sector right now. Examine how to respond to and report sexual assaults. Consider how to deal with residents and restraints. Get up to date on the latest in resident privacy issues. Explore takeaways from recent coronial inquests and gain up to date guidance on the latest risk management and regulatory compliance strategies related to client care. WEB216V05

Ensure your skills in managing the risk of disputes arising after death or loss of legal capacity in a blended family are updated. Master how to create & implement a plan of action for protecting your client’s superannuation from creditors & dealing with bankruptcy and super benefits upon death. Acquire strategies for balancing tax planning and asset protections for professionals at risk. This in-depth & focused event is not to be missed. 216W02

Estate planning challenges continue to mount in this new legal landscape. Explore enduring power of attorneys then review common mistakes of EPOA and conflict transactions. Dive into the procedure of challenging the validity of a will based on undue influence or lack of capacity. Master how to implement shareholder agreements for inter-generational businesses. This practical review is not to be missed by all wills and estate lawyers. 218Q03

This must attend annual event is back for its 10th consecutive year. Featuring 11 timely topics hand-picked to cover some of the most crucial areas of law, you’ll gain all the CPD you need and bolster your practice in one efficient, information-packed day. Attend the full day or just the sessions relevant to you and complete your CPD with a line-up of excellent speakers covering the most important topics you need to know. WEB218NQ01

The Registrar of Probates will explore issues related to compliance with electronic wills and audio visually witnessed affidavits, and how to avoid them. Examine recent cases and guidelines that have reshaped the probate landscape. Explore the executor’s role and how to defend a caveat application. Take a close look at mutual wills and when and how to use and enforce them. Consider when and how to remove an executor of a deceased estate. This is a must attend for all wills & estates practitioners. WEB219V05

With estate litigation on the rise, don’t miss this chance to work through a range of comprehensive and focused sessions tackling the key issues facing wills and estates practitioners. Review the latest cases, mediation, costs, quantum, notional estates, procedural best practices and so much more. You won’t find a more in-depth and useful guide to estate litigation anywhere else. WEB219N13

With family provision claims on the rise, don’t miss this chance to review recent case law and emerging issues in family provision claims. Examine testamentary trusts with respect to family provision claims, review problems with civil procedure and the Family Provision Act, and consider how to challenge testamentary capacity & knowledge and approval of a Will’s contents. You won’t find a more in-depth and useful guide to family provision claims anywhere else. 219W03