Succession law conference 2010 – Day 1

Friday 5–Saturday 6 November 2010, 8:50am–5:10pm,9:00am–3:00pm
Hyatt Regency Coolum
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Conference DVD (Resource code: 101105D)
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Day One DVD (Resource code: 101105AD)
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Day Two DVD (Resource code: 101105BD)
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Overview

Practical Legal Ethics Practice Management & Business Skills Professional Skills 10 CPD points

Tackling the big issues currently faced in succession law practice, this conference will provide practitioners with the tools to overcome obstacles encountered in the wills and estates such as, rural estate planning, superannuation, the QCAT jurisdiction and much more.

Course code: 101105

6.5 CPD points
8:50am–9:00am
Opening Address
  • Speaker: The Honourable Justice Duncan McMeekin – Supreme Court of Queensland
9:00am–11:00am
Panel Discussion: Rural estate planning and families on the land

Join a panel of expert practitioners and commentators as they discuss:

  • the family – identifying all members and their roles
  • reviewing the current structures
  • understanding the family culture and future intentions
  • road testing the feasibility of the estate plan: knowing the structures, the money available and the people
  • considering other options
  • the financial costs and returns unique to primary production enterprises:
    • what is needed to continue or re-establish
    • risk or likelihood of ‘forced’ sale to mining company
    • compensation
    • water rights
    • how debt is managed
  • making provision for future financial needs
  • protecting the value of the estate – commercially, no surprises rule, tax, superannuation and other issues
  • dealing with ‘ignorant’ family members
  • dividing the estate – fair versus equal
  • stewardship issue – tension between passing on the family farm to children who are farmers and making adequate provision to the city dwellers
  • letting go – why dismantle the dynasty? the collision of dif fering values
  • passing the baton to the next generation
    • during lifetime – capacity and financial considerations
    • on death
    • addressing the risk or likelihood of beneficiary disposing of interests once received
  • Speaker: Matthew Burke – Director, Envision Partners Accountants and Certified Practising Accountants
  • Speaker: Paul Green – Director - Forensic, Vincents Chartered Accountants
  • Speaker: Lee Nevison – Barrister, Queensland Bar
  • Speaker: Michele Sheehan – Principal, Sheehan & Co and enTrust Law; and dual Accredited Specialist - Family Law and Succession Law (Qld)
  • Chair: Scott Whitla – Partner, McCullough Robertson and Accredited Specialist - Succession Law (Qld)
this session proudly sponsored by
Gleeson Lawyers

11:00am–11:20am
Morning Tea
Stream 1A
11:20am–1:30pm
A succession lawyer’s toolkit

In addition to providing guidance on common conundrums
experienced by succession lawyers, this session solves
everyday problems involving trusts and wills. Topics for
discussion have been selected to be of assistance to
solicitors new to this practice area or those seeking a
refresher and include:

  • steps to take when:
    • draf ting wills in emergency situations
    • preparing and executing bedside wills
  • outlining your obligations for wills and power of attorney
    documents retained in your firm’s safe custody
  • divulging information versus client confidentiality – the
    limits on providing information to third parties
  • summarising procedures and evidence gathering for:
    • unsigned wills
    • making enquiries about a will’s existence and the
      identification of beneficiaries
    • locating lost wills
  • tackling trusts
    • understanding and establishing testamentary trusts
    • dealing with defective trust deeds
    • trusts troubleshooting – what to do when things go
      wrong, such as errors made when making payments
      from the trust
  • Speaker: Rebecca Burness – Senior Associate, de Groots Wills & Estate Lawyers and Accredited Specialist - Succession Law (Qld)
  • Speaker: Betty Leung – Senior Estate Planning Lawyer, ANZ Trustees Limited and Accredited Specialist - Succession Law (Qld)
  • Chair: Zinta Harris – Principal, Harris Law and dual Accredited Specialist - Business Law (Qld) and Succession Law (Qld)
Stream 1B
11:20am–1:30pm
Drafting affidavits in family provision applications – essential considerations
Professional Skills
  • essential contents of af fidavits for applicants, executors,
    litigation guardians and charities
  • relevance and admissibility – is there a dif ference?
  • lawyers’ duties to the court and clients
  • costs implications
  • strike-out applications
  • disclosure
  • Speaker: Michael Klatt – Partner, Mullins Lawyers and Accredited Specialist - Succession Law (Qld)
  • Speaker: Dr Dan Morgan – Barrister, Queensland Bar
  • Chair: Paul Gleeson – Principal, Gleeson Lawyers and Accredited Specialist - Succession Law (Qld)
1:30pm–2:15pm
Lunch
1:40pm–2:00pm
Lunchtime accredited specialist session

Have you considered becoming a succession law accredited specialist in 2011? If so, attending this lunchtime session will provide
you with valuable information on:

  • the benefits of becoming an accredited specialist in succession law
  • the eligibility criteria and the application process
  • the assessment process and course expectations
    You will also have the opportunity to speak with members of the succession law specialist accreditation advisory committee and
    newly-accredited succession law specialists about what it is to be an accredited specialist. Be formally recognised as a specialist in
    succession law in 2011 – come along to this session and have your questions answered.
Stream 2A
2:15pm–3:45pm
Self-managed superannuation funds (SMSFs) – planning for death and other inconveniences
  • binding nominations – when are they appropriate and is
    certainty the answer every time?
  • superannuation trustees and accepting nominations – tips
    and traps (ATO determination SMSFD 2008/3)
  • enduring powers of attorney and SMSFs (ATO ruling
    2010/2)
  • directions to withdraw superannuation death benefits –
    anti-avoidance issues?
  • getting super assets such as real property (including the
    farm) into the right hands
  • death and disablement – tax consequences
  • anti-detriment and future service benefit issues
  • Cooper and the Henry Reviews – what they mean for
    estate lawyers
  • reviewing SMSF trust deeds – review checklist
  • Speaker: David Busoli – Manager, Cavendish Superannuation Pty Ltd
  • Speaker: Lyn Formica – Director, McPherson Super Consulting Pty Ltd
  • Chair: Fred Smith – Principal, McInnes Wilson Lawyers
Stream 2B
2:15pm–3:45pm
The insurer’s perspective – common scenarios and practical tools
Practice Management & Business Skills

This session will explore scenarios experienced by
practitioners practising in wills and estates law, which
highlight the risks associated with practising in the following
areas and the claims which could arise:

  • family provision applications
  • issues and advice for a testator when making a will
    including testamentary capacity and related transactions
  • administration of an estate
  • This session then will look at practical risk management
    strategies designed to reduce the risk of a claim in these
    matters, including client communication and best-practice
    file management.
  • Speaker: Angela Cornford-Scott – Director, de Groots Wills & Estates Lawyers and Accredited Specialist - Succession Law (Qld)
  • Speaker: Tracy Skellern-Smith – Legal Risk Solicitor, Lexon Insurance
  • Chair: Russell Drummond – Partner, Dean Kath Kohler and Accredited Specialist - Succession Law (Qld)
3:45pm–4:00pm
Afternoon Tea
4:00pm–4:40pm
Wills and estates case update – recent cases and trends

Providing an essential summary of some of the more important decisions from 2010, this session features an array of case
discussions involving:

  • statutory wills
  • family provision applications
  • removal of executors
  • unconscionable conduct, such as Parov v Parov 2010 QSC 41
  • Speaker: Caite Brewer – Barrister, Queensland Bar and Accredited Specialist - Succession Law (Qld)
  • Speaker: Rebecca Treston – Barrister, Queensland Bar
4:40pm–5:10pm
The Registrar’s update
  • Speaker: Mark Slaven – Deputy Registrar, Suprememe Court of Queensland
  • Chair: Dr John de Groot – President, Queensland Law Society, Special Counsel, de Groots Wills & Estate Lawyers, Accredited Specialist - Succession Law (Qld) and Chairman of the Queensland Law Society's Succession Law Committee
5:10pm–7:00pm
Free Time
7:00pm–11:00pm
Conference Dinner

Join colleagues, friends, and partners for a sensational three-course dinner and then dance the
night away with a live band playing all your favourites.
Your dinner ticket is included when you register for both days. Please indicate your attendance
when you register, additional tickets for friends and family are also available for purchase.

Featured Speakers

  • Caite Brewer
    Barrister, Queensland Bar and Accredited Specialist - Succession Law (Qld)
  • Bob Brittan
    Manager - Complaints, Officer of the Legal Services Commissioner
  • Matthew Burke
    Director, Envision Partners Accountants and Certified Practising Accountants
  • Rebecca Burness
    Senior Associate, de Groots Wills & Estate Lawyers and Accredited Specialist - Succession Law (Qld)
  • David Busoli
    Manager, Cavendish Superannuation Pty Ltd
  • Les Clarkson
    Part-time member, Queensland Civil and Administrative Tribunal
  • Angela Cornford-Scott
    Director, de Groots Wills & Estates Lawyers and Accredited Specialist - Succession Law (Qld)
  • Mark Crofton
    Official solicitor, Public Trustee of Queensland
  • Glenn Dickson
    Barrister, Queensland Bar
  • Russell Drummond
    Partner, Dean Kath Kohler and Accredited Specialist - Succession Law (Qld)
  • Lyn Formica
    Director, McPherson Super Consulting Pty Ltd
  • Paul Gleeson
    Principal, Gleeson Lawyers and Accredited Specialist - Succession Law (Qld)
  • Paul Green
    Director - Forensic, Vincents Chartered Accountants
  • Zinta Harris
    Principal, Harris Law and dual Accredited Specialist - Business Law (Qld) and Succession Law (Qld)
  • Judy Hayward
    Principal, Hayward & Co Lawyers and Accredited Specialist - Succession Law (Qld)
  • Michael Klatt
    Partner, Mullins Lawyers and Accredited Specialist - Succession Law (Qld)
  • Gary Lanham
    Special Counsel, Minter Ellison and Accredited Specialist - Succession Law (Qld)
  • Betty Leung
    Senior Estate Planning Lawyer, ANZ Trustees Limited and Accredited Specialist - Succession Law (Qld)
  • The Honourable Justice Duncan McMeekin
    Supreme Court of Queensland
  • Dr Dan Morgan
    Barrister, Queensland Bar
  • Doug Murphy SC
    Barrister, Queensland Bar
  • Rod Murphy
    Senior Legal Counsel, Perpetual
  • Richard Neal
    Partner, Teece Hodgson Ward (Sydney) and Accredited Specialist - Wills & Estates (NSW)
  • Lee Nevison
    Barrister, Queensland Bar
  • Greg Ryan
    Principal, Greg Ryan Cost Consultant Pty Ltd
  • Michele Sheehan
    Principal, Sheehan & Co and enTrust Law; and dual Accredited Specialist - Family Law and Succession Law (Qld)
  • Stafford Shepherd
    Senior Ethics Solicitor, Queensland Law Society
  • Tracy Skellern-Smith
    Legal Risk Solicitor, Lexon Insurance
  • Mark Slaven
    Deputy Registrar, Suprememe Court of Queensland
  • Fred Smith
    Principal, McInnes Wilson Lawyers
  • Christine Smyth
    Partner, Robbins Watson Solicitors and Accredited Specialist - Succession Law (Qld)
  • Rebecca Treston
    Barrister, Queensland Bar
  • Scott Whitla
    Partner, McCullough Robertson and Accredited Specialist - Succession Law (Qld)
  • Tim Whitney
    Consultant, McCullough Robertson Lawyers and Accredited Specialist - Succession Law (Qld)
  • Peter Wilson
    Consultant, MPN Lawyers and Accredited Specialist – Succession Law (Qld)
  • Dr John de Groot
    President, Queensland Law Society, Special Counsel, de Groots Wills & Estate Lawyers, Accredited Specialist - Succession Law (Qld) and Chairman of the Queensland Law Society's Succession Law Committee

Event Sponsors

Toshiba