Your first file: Wills and enduring powers of attorney

Thursday 1 September 2011, 8:45am–12:45pm
Law Society House, 179 Ann Street
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Seminar DVD (Resource code: 110901AD)
$605 non-members
$380 members
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Overview

Practical Legal Ethics 3.5 CPD points

Divided into two topics, this seminar equips early career lawyers with the skill and proficiency to draft and execute a will or an enduring power of attorney. Matters such as taking instructions and how to assess capacity are discussed in depth as well as preparing enduring powers of attorney and advance health directives.

Members of Queensland Law Society and STEP are eligible for member rates

Course code: 110901A

8:45am–9:00am
Welcome remarks
  • Chair: Peter Wilson – Consultant, MPN Lawyers and Accredited Specialist – Succession Law (Qld)
9:00am–9:30am
Taking instructions and assessing client capacity (Paper)

Outlining key considerations for taking instructions for the preparation of a client’s will this session looks at:

  • assessing testamentary capacity:
    • questions to ask
    • recognising indicators of incapacity
    • what to do when you consider capacity may be (or become) an issue
  • medical certificates and doctor’s reports:
    • when certificates and reports should be sought
    • understanding the medical assessment as to capacity.
  • Speaker: Trina Bucknall – Solicitor - McInnes Wilson Lawyers
9:30am–10:30am
Drafting a will (Paper)

Providing guidance on the art of will drafting this presentation explores:

  • asset identification
  • identifying, describing and providing for beneficiaries
    • providing for minors and vulnerable beneficiaries
    • granting life interest and other specific gifts
  • appointing executors
  • other matters to consider when drafting:
    • blended families
    • re-marriage after death
    • mutual wills
    • will alternatives: binding financial agreements and inter vivos trusts.
  • Speaker: Carla Parsons – Lawyer, de Groots Wills and Estate Lawyers
10:30am–10:45am
Morning Tea
10:45am–11:45am
Drafting enduring powers of attorney (Paper)

Focusing on the Powers of Attorney Act 1998 as well as common issues associated with enduring powers of attorney, this session examines:

  • determining the best people to be appointed as attorney
  • determining the principal’s capacity:
    • tests for capacity for enduring powers of attorney
    • advance health directives
      • when should an advance health directive be prepared
      • what is an advance health directive form
      • what specific sections should be reviewed carefully
    • meeting the requirements of the certificate of witness
  • considering the scope of power – what best suits your client?
  • drafting provisions to overcome conflict situations where appropriate – section 73 of the Powers of Attorney Act 1998
  • common mistakes and how to avoid them by reference to case law.
  • Speaker: Craig Spink – Principal, Spink Legal
11:45am–12:15pm
What happens if your client doesn’t have a will (Paper)

This session considers what happens if a person dies without a valid will and the relevant intestacy rules in Queensland.

  • Speaker: Prudence Poole – Associate, de Groots Wills & Estates Lawyers
12:15pm–12:45pm
Ethical matters (Paper)
Practical Legal Ethics

This session takes in to consideration:

  • dealing with conflicts when drafting a will
  • acting for multiple executors:
    • receiving joint instructions
    • determining who your client is
    • conflicts between executors.
  • Speaker: Stafford Shepherd – Senior Ethics Solicitor, Queensland Law Society

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