Queensland Law Society

Succession and Elder Law Residential 2017

6-7 October
Surfers Paradise Marriott Resort & Spa

The Succession and Elder Law Residential 2017 is a two-day, two-streamed ‘must attend’ event for any solicitor practicing in the areas of succession or elder law. This year’s program includes a keynote presentation by Dr Keith Suter and a commentary on protecting the rights of older Australians by Rae Lamb, the Aged Care Complaints Commissioner.

The Residential offers thought-provoking plenaries and two concurrent streams to allow you to select topics that are relevant to your practice. In the Life stream, dive into the depths of elder law and estate planning and hear from experts on how to plan in life to avoid pain after death. The Death stream canvasses an array of topics in the space of estate administration and litigation with practical insight on how to manage common and not so common challenges. At the end of day one, dine, dance and unwind with colleagues and peers at the Black and White Residential dinner.


10 CPD points
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law
Member
$1,012 Both-days earlybird
$1271 Both-days standard
$643 Day 1 only earlybird
$805 Day 1 only standard
$370 Day 2 only earlybird
$466 Day 2 only standard
$145 Residential dinner^
Non-member
$1,668 Both-days standard
$1,051 Day 1 only standard
$617 Day 2 only standard
$155 Residential dinner^

^Residential dinner is inclusive for both day delegates only. Day only registrations do not include Residential dinner.

Group registration offer

QLS members receive a 50% discount on their registration when registering three other people from their organisation.

Earlybird closes 08 September

Registration closes 03 October


Sponsors

Gold sponsor

img20170727_SELR_Sponsors_web_CYBERAUDIT.jpg

Bronze sponsor

img20170725_SELR_Sponsors_web_PERPETUAL.jpg


Trade exhibitors

img20170727_SELR_Sponsors_web_BUPA.jpg  College of Law  De Groots Publishing  img20170725_SELR_Sponsors_web_ELSTON.jpg  Equity Trustees  Legalsuper   

Program


Friday 6 October

8am

Registration

8.30am

Welcome

Presenter:
Christine Smyth, President, Queensland Law Society; Partner, Robbins Watson Solicitors and Accredited Specialist (Succession Law) – Qld

8.45am

Plenary: Demography, death and disruption

In an age of ageing, algorithms and affluence, how is the demographic trend of living longer impacting on how we live, what we leave, when we leave, and to whom. Developments in the nature of increased dependency on families in later life, blended families, higher divorce rates amongst the elderly, new style elderly relationships, increased wealth fuelling family acrimony - not to mention dementia, make both how we live in later life and how we leave our booty a complex issue and one where lawyers play and will play a crucial role – but will we or will it all just go digital?

Presenter:
Dr Keith Suter, Futurist, author and media personality
Chair:
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

9.45am

Watch this space – decisions and developments for your practice toolkit

This combined session gathers you all in for an action-packed sixty minutes as our trusty Chair guides our three expert practitioners through recent decisions and onto the budding issues in succession and elder law.

Presenters:
Karen Gaston, Partner, Thynne + Maccartney and Accredited Specialist (Succession Law) – Qld
Carla Parsons, Director, Parsons Law and Accredited Specialist (Succession Law) – Qld
Margaret Arthur, Partner, CRH Law and Accredited Specialist (Succession Law) – Qld
Chair:
Brian Herd, Partner, CRH Law


10.45am

Morning tea

11.15am

Stream 1A - Life

Jurisdiction: Retire where you wish but consider the legal implications

This session, presented as a case study, examines what happens when your client moves to another jurisdiction and what effect this may have on their estate planning. Some of the issues addressed include:

  • Is their existing will recognised in other jurisdictions?
  • Are separate wills required or advisable for different jurisdictions?
  • What is the impact of a change of domicile on wills?
  • When do forced inheritance rules in civil law countries apply and how do they affect the will?
  • Inheritance tax issues.
Presenter:
Angela Cornford-Scott, Director, Cornford-Scott Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Bryan Mitchell, Principal, Mitchells Solicitors and Accredited Specialist (Succession Law) – Qld

Stream 1B - Death

Estate administration and family provision: What a Queensland practitioner should be looking out for

Presented as a case study, this session will consider:

  • Estate Administration
    • NSW legislation with title implications
    • Is domicile relevant?
    • Where should the grant be obtained?
    • Should there be a reseal?
    • When will you get leave if the claim is out of time?
  • Family Provision
    • What happens if there is no grant?
    • Does the jurisdiction where a grant has been obtained, matter?
    • What if there is only notional estate under the Succession Act 2006 (NSW)?
    • When will you get leave if the claim is out of time?
Presenter:
Richard Neal, Partner, Teece Hodgson & Ward Solicitors and Accredited Specialist (Wills & Estates Law) – NSW
Chair:
Michele Sheehan, Principal, enTrust Law; and Principal, Sheehan & Co; and Accredited Specialist (Succession Law) – Qld and Accredited Specialist (Family Law)


12.15pm

Stream 2A - Life

Super-death: Almost all you need to know

On 1 July almost every super estate plan was rendered wrong. Binding death benefit nominations need updating! Should pensions be reversionary? Who's $1.6m cap applies? Must insurance be cancelled? Super EPAs are problematic! Taxable death benefits will now emerge! Super growth is limited, what will replace it? This session examines the flow-on estate planning impact of the new $1.6m regime and the taxation implications and provide practical tips for dealing with the changes in wills and EPAs.

Presenter:
Peter Bobbin, Managing Principal, Argyle Lawyers
Chair:
Bryan Mitchell, Principal, Mitchells Solicitors and Accredited Specialist (Succession Law) – Qld

Stream 2B - Death

International disasters in estate administration

There is an increase in the number of deceased estates that are being affected either by the deceased holding overseas assets, or non-resident beneficiaries or trustees.

This session will provide examples of situations that estate practitioners should be aware of when administering an estate with overseas interests, such as the newly introduced foreign resident CGT withholding tax, executor and trustee responsibilities on behalf of non-resident beneficiaries for income tax and withholding tax, and the possibility of a deemed CGT event of transfer of assets to non-resident beneficiaries.

The session will also discuss the Principal Place of Residence CGT exemption rules through estate administration, and the difference in the absentee rules between resident and non-resident tax payers.

Presenter:
Ian Raspin, Director, BNR Partners
Chair:
Michele Sheehan, Principal, enTrust Law; Principal, Sheehan & Co; Accredited Specialist (Succession Law) – Qld and Accredited Specialist (Family Law)


1pm

Lunch

1.45pm

Stream 3A - Life

Family feud: Changes in attitude, changes in gratitude

Practical tips to assist you in practice as when there is a will, there is a feud. This session covers

  • avoiding conflict
  • drafting wills for multiple family members
  • the appointment of attorneys as executors
  • solicitors acting as executors and what is sufficient disclosure; precedent letters and
  • observations on binding death benefit nominations.
Presenter:
Renee Bennett, Partner, Wilson Ryan Grose Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Trent Wakerley, Partner, Kruger Law and Vice President, Sunshine Coast Law Association

Stream 3B - Death

Legal personal representatives wearing multiple hats: Responsibilities, interests and conflicts

This session will cover the responsibilities of legal personal representatives in relation to getting in and distributing the assets of a deceased estate in circumstances where the representative may have a conflicting duty or interest. Such other interests include having been:

  • an enduring power of attorney
  • a creditor of the estate,
  • a claimant for family provisions, or
  • a claimant of a superannuation death benefit.

The session will also address conflicts arising from the holding of another office, such as a company director or trustee.

Presenter:
Simon Ower SC, Barrister, South Australian Bar and Accredited Specialist (Mediation)
Chair:
Jeneve Frizzo, Principal, Jeneve Frizzo – Estate Law and Accredited Specialist (Succession Law) – Qld


2.30pm

Stream 4A - Life

Observations from the coalface: Protecting the rights of older Australians

This session will provide insights from the Aged Care Complains Commissioner together with a commentary on the recent litigation involving Summit Care over alleged mistreatment of residents of Summit Care by the lawyer acting for the families of the residents.

Presenters:
Rae Lamb, Aged Care Complaints Commissioner
Catherine Henry, Principal, Catherine Henry Lawyers
Chair:
Trent Wakerley, Partner, Kruger Law and Vice President, Sunshine Coast Law Association

Stream 4B - Death

A mediator’s perspective – the best negotiators in succession law ADR are…!?

Hear firsthand how to negotiate and take away a skillset designed to make you the best negotiator on the block.

Presenter:
Lee Nevison, Barrister, Queensland Bar
Chair:
Chloe Kopilovic, Lawyer, Sajen Legal and Councillor, Queensland Law Society


3.30pm

Afternoon tea

4pm

Panel: QCAT demystified

Open the window and peer into QCAT’s realm as seasoned practitioners share their stories on how to survive and thrive in this jurisdiction.

This panel discussion will provide practical insights into practising in the jurisdiction including appearances, submission of evidence and survival tips.

Panellists:
Kerrie O’Callaghan, Acting Deputy President and, Senior Member, Queensland Civil and Administrative Tribunal
Glenn Dickson, Barrister, Alfred Lutwyche Chambers and Accredited Specialist (Succession Law) – Qld
Chair:
Scott Whitla, Partner McCullough Robertson Lawyers and Accredited Specialist (Succession Law) – Qld

5pm

Close

7pm

Black and White Residential dinner with keynote speaker the Honourable Justice Martin Daubney

Saturday 7 October

6.45-7.30am

Relax and Restore

Facilitator:
Amanda Zdanowicz, Director, Soho Yoga

8.15am

Registration

8.45am

Enduring Powers of Attorney: Do you need to state the terms?

Setting terms in an enduring power of attorney can be critically important if an enduring power of attorney is going to be effective to speak for your client when he or she can’t. One size does not fit all – our clients have different backgrounds, beliefs, cultures, financial arrangements and family dynamics.

Meet the Rudd family from Snake Gully. Paul and John, Dave and Mabel’s sons, are now running the family businesses, including the original selection. Dave has lost capacity. John and his sister Carolyn, acting under an EPA, are working through the day to day management of the family’s complex businesses and asset structures with their accountant/financial planner and lawyer.

Issues addressed in this case study include:

  • How do the attorneys manage the financial and tax affairs where they have an individual fiduciary duty to each Principal?
  • How can funds be moved around? For example, from Dave to Mabel or in and out of trusts or other related entities?
  • How should nursing home care be funded?
  • Does the attorney need to take into account the impact upon the estate when making financial decisions?
  • Maintenance and gifts to children/grandchildren.
  • Managing the family dynamic where there are two attorneys with different mindsets.

This case study highlights the following issues to consider when drafting EPAs:

  • What is important to your client?
  • Desired outcome v practicality?
  • Minimising risk of uncontemplated outcomes?
  • Example terms.
Presenter:
Michele Sheehan, Principal, entrust Law; Principal, Sheehan & Co; Accredited Specialist (Succession Law) – Qld and Accredited Specialist (Family Law)
Chair:
Dr John de Groot, Special Counsel, de Groots Wills & Estates Lawyers

9.45am

Break

10am

Stream 5A - Life

Tips and traps in estate planning

Work through a practical case study with two ‘die hard’ estate planning lawyers. The scenario will cover all of the key issues and tips and traps that you will face in a blended family scenario, throwing into the mix a self managed super fund and family trust. We will look at adjustment issues, mutual wills solutions, scenario problem solving, and the latest super transfer balance cap rules and how they play into the estate plan. You will walk away with tools (clauses and checklists) to help you in this complicated space.

Presenters:
Bryan Mitchell, Principal, Mitchells Solicitors and Accredited Specialist (Succession Law) – Qld
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Dr John de Groot, Special Counsel, de Groots Wills & Estates Lawyers

Stream 5B - Death

Estate administration – what could possibly go wrong?

For lawyers practising in this area there is life after death but beware as the devil is in the detail!

This session will help identify and avoid death knells in estate administration – to make a practitioner’s life easier when dealing with common traps arising in deceased estate administration. This session will include:

  • executor duties v beneficiaries interests
  • early and interim distributions and their consequences for executors/administrators (Vickers v Pickering)
  • a case study/workshop on marshalling
  • a “How to Guide” on appropriation
  • Foreign Resident Capital Gains Withholding – not just for foreign residents?
Presenter:
Chris Sheath, Legal Practitioner Director, Chris Sheath & Associates Solicitors and Accredited Specialist (Succession Law) – Qld
Chair:
Fred Smith, Principal, McInnes Wilson Lawyers


10.45am

Stream 6A - Life

Estate planning for the elderly

This session will address:

  • Is it different?
  • Who is the client?
  • Effect of capacity ‘doubts’.
  • Capacity ‘tricks’ used by families.
  • Impact of lifestyle choices in later life.
  • The ‘Ken & Barbie’ syndrome.
  • Effect of elder abuse on estate planning with reference to Berghan v Berghan and presumption of advancement.
Presenter:
Brian Herd, Partner, CRH Law
Chair:
Dr John de Groot, Special Counsel, de Groots Wills & Estates Lawyers

Stream 6B - Death

An appellate view of rectification: Whose will is it anyway?

This session will deal with:

  • Succession Act provisions
  • the first Australian appellate court consideration of the new rectification power
  • effecting a testator’s intentions
  • whether the court can look at the effect of a testator’s partner’s will and read them together to determine if the testators’ intentions were effected
  • whether the new broader power requires the actual testator’s intention to be looked at and a consideration of whether the actual will reflects those intentions.
Presenter:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld
Chair:
Fred Smith, Principal, McInnes Wilson Lawyers


11.30am

Morning tea

12pm

Questions on Notice

Here is your chance to have your questions answered. We can’t answer the old chestnut (is there life after death?) but all other questions about working with clients in estate planning, administration and everything inbetween are fair game.

Panellists:
Christine Smyth, President, Queensland Law Society; Partner, Robbins Watson Solicitors and Accredited Specialist (Succession Law) - Qld
Scott Whitla, Partner, McCullough Robertson Lawyers and Accredited Specialist (Succession Law) - Qld
Jeneve Frizzo, Principal, Jeneve Frizzo – Estate Law and Accredited Specialist (Succession Law) – Qld
Facilitator:
The Honourable Justice Martin Daubney, Supreme Court of Queensland

1pm

Closing remarks

Presenter:
Christine Smyth, President, Queensland Law Society; Partner, Robbins Watson Solicitors and Accredited Specialist (Succession Law) – Qld

1.15pm

Lunch

2pm

Close