Queensland Law Society

Succession and Elder Law Conference

1-2 November 2019 | Surfers Paradise Marriott Resort & Spa

The annual Succession and Elder Law Conference is a two-day, two-streamed ‘must attend’ event for any solicitor practising in the areas of succession or elder law. This year’s program focuses on practical skills and training to elevate your general, succession or estate law practice. With a gallery of presenters from the judiciary, the Bar and private practice, this year’s program is not to be missed!

10 CPD points
Practical Legal Ethics
Practice Management & Business Skills
Professional Skills
Substantive Law
Member
$1060 Full registration earlybird
$1330 Full registration standard
$675 Day 1 only earlybird
$845 Day 1 only standard
$390 Day 2 only earlybird
$490 Day 2 only standard
Non-member
$1730 Full registration standard
$1100 Day 1 only standard
$640 Day 2 only standard
Conference Gala Dinner

Complimentary for full registrations, indicate your attendance when registering. Tickets can be purchased for day-only registrations and guests for $165 member and $180 non-member.

Group registration offer

Register four people from the same organisation at one event, the fourth is registered at 50% of the standard price. Not to be used in conjunction with any other discount. Discount will be applied to the lowest registration price. Group discount not available on single-day registrations options for multi-day events. Email events@qls.com.au to secure your group discount.

Earlybird closes 04 October

Registration closes 29 October


Program


Friday 1 November

6.5 CPD points

8.30am

Registration

9am

Welcome remarks

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Member, Queensland Law Society Criminal Law Committee and Queensland Law Society Senior Counsellor
Chair:
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

9.20am

Better lawyers, better law: Investing in your greatest asset

Most people work on building up and boosting their financial assets, but how many of us work on building up and boosting our greatest asset: our brain? Join Dr Helena Popovic, a medical doctor and leading authority on improving brain function as she discusses how you can slow ageing, despite fast living. Discover how simple daily habits can sharpen your thinking, increase your energy and keep you focused all day long to unlock new levels of productivity and performance.

Presenter:
Dr Helena Popovic, MBBS, Author and Speaker
Chair:
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

10.20am

Morning tea

10.45am

Stream 1A - Life

Wills gone wild: Drafting difficult clauses

This practical session will go over a series of difficult will clauses and identify how they could be drafted better. In particular, this session will explore:

  • life interests; income and capital
  • wills for different jurisdictions
  • moveable and immoveable assets
  • forgiveness of debts
  • options to purchase.
Presenter:
Bryan Mitchell, Principal, Mitchells Solicitors; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Committee
Chair:
Ann Janssen, Special Counsel, Estate First Lawyers and Accredited Specialist (Succession Law) – Qld

Stream 1B - Death

Estate litigation 101

Estate litigation comprises many different causes of action. From solemn form proceedings, family provision applications, construction and rectification applications, applications for directions, limited grants, removal of caveats, statutory wills, mutual wills, equitable estoppel claims and everything in between.

This session will work through all of the above, and more, focusing on the basic and procedural aspects of the different types of estate litigation, including:

  • the elements of the various causes of action
  • how to start a proceeding, what documents are required to be filed in court
  • how to respond to a claim
  • what matters can be heard on the Applications List v the Civil List (and how to fix it if you’re on the wrong list)
  • the new Supreme Court Wills & Estate List
  • how to list a matter for trial or hearing
  • if you settle a matter, do you need court orders or will a deed of settlement do?
  • how to go about getting a matter de-listed or discontinued.
Presenter:
Karen Gaston, Partner, Head of Private Clients at Thynne + Macartney and Accredited Specialist (Succession Law) – Qld
Chair:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld


11.45am

Stream 2A - Life

Estate planning for superannuation in the face of incapacity

With consideration to the recent decision in Re Narumon Pty Ltd [2018] QSC 185, this session will navigate superannuation issues effected by incapacity, including:

  • how to draft death nominations
  • making and renewing attorneys
  • drafting a power of attorney to cater for binding nominations.
Presenter:
Peter Bobbin, Managing Principal, Argyle Lawyers
Chair:
Bryan Mitchell, Principal, Mitchells Solicitors; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Committee

Stream 2B - Death

Being the bad guy – dealing with disgruntled, difficult and sometimes unreasonable beneficiaries

Fancy a few war stories? Join us for this entertaining session where you will learn how to:

  • Deal with the “information dump” from the beneficiaries – do you really need to read their diary from 15 years ago?
  • Set up beneficiaries’ expectations
  • Make the hard decisions (how to divide the war medals and tea spoons)
  • Discharge your duties
  • Get off risk using deeds, passing of estate accounts or assistance of the Court
Presenters:
Scott Whitla, Partner, McCullough Robertson Lawyers, and Accredited Specialist (Succession Law) – Qld
Michael Klatt, Partner, Mullins Lawyers and Accredited Specialist (Succession Law) – Qld
Chair:
Fred Smith, McInnes Wilson Lawyers


12.45pm

Lunch

1.30pm

Stream 3A - Life

Powers That Be: Practical tips for drafting powers of attorney

Effective drafting skills are imperative for every practitioner’s legal toolkit. This refresher session will include:

  • drafting a power to renew vs make a superannuation nomination
  • commonly used and underutilised clauses
  • when and how to use a conflict clause
  • when financial decision-making power should commence
  • clauses for business succession, including family trusts and companies
  • common drafting mistakes
  • practical clause examples.
Presenter:
Angela Cornford-Scott, Director, Cornford-Scott Lawyers; Accredited Specialist (Succession Law) – Qld; Chair, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee and Member, Queensland Law Society Succession Law Committee
Chair:
Brian Herd, Partner, CRH Law and Member, Queensland Law Society Elder Law Committee

Stream 3B - Death

Strategies for success in estate litigation

It is becoming increasingly common for a challenge to be made to the validity of a will, with a family provision application, or an equity claim, or a compensation application under the Powers of Attorney Act 1998 (Qld) or Guardianship and Administration Act 2000 (Qld) either in addition or in the alternative. But it is not always wise to bring multiple proceedings. This session will focus on the issues you should be considering at the outset to decide which proceedings are appropriate in the circumstances.

Presenter:
Jeff Otto, Barrister, Queensland Bar
Chair:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld


2.15pm

Stream 4A - Life

Dealing with other lifestyle interests in estate planning

This session will explore the various options of lifestyle interests available in estate planning; including:

  • retirement villages
  • aged care facilities
  • granny flats
  • others.
Presenter:
Paul Paxton-Hall, Director, Paxton-Hall Lawyers
Chair:
Brian Herd, Partner, CRH Law and Member, Queensland Law Society Elder Law Committee

Stream 4B - Death

Fraud on a Power, Improper Purpose and Discretionary Trusts: some themes

Trustees of discretionary trusts are coming under challenge more frequently than ever before. Given the growth in trusts and litigation in regard to them, this is likely to increase. This session will look at some of the ways trustees’ powers are being scrutinised, including issues such as:

  • fraud on the power
  • Re Marsella [2019] VSC 65
  • limits of discretionary trusts
  • purpose of the trust
  • acting ultra vires
  • when to seek directions from the Court
  • superannuation context.
Presenter:
Johnathon Wells QC, South Australian Bar
Chair:
Caite Brewer, Barrister, Queensland Bar and Accredited Specialist (Succession Law) – Qld


3pm

Afternoon tea

3.20pm

Brave new world: Innovative practices and managing risks

This session will explore innovative practices in succession and elder law and mitigating the risks of implementing same. In particular, this session will discuss:

  • how to get practice management software to work for you
  • setting and using recurring transactions (for Wills and Estate Administration)
  • digital assets – assisting the executor to turn off the digital accounts; including, Facebook, google, Instagram and Hotmail
Presenters:
Paul Cate, Solicitor Director ,Cate & Co Lawyers and Associates
David Bowles, Ethics Solicitor, QLS Ethics and Practice Centre, Queensland Law Society
Chair:
Chloe Kopilovic, Councillor, Queensland Law Society; Senior Associate, fc lawyers and Member, Queensland Law Society Innovation Committee

4.20pm

The succession smorgasbord: Questions on notice

Bring your appetite for this delicious selection of questions and answers! This is your chance to have all your burning questions around estate planning, administration and everything in between answered.

Presenters:
Dr John de Groot, Special Counsel, de Groots Wills & Estates Lawyers and Accredited Specialist (Succession Law) – Qld
Paul Gleeson, Principal, Gleeson Lawyers and Accredited Specialist (Succession Law) – Qld
Jeneve Frizzo, Principal, The Will and All; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Committee
Chair:
The Honourable Duncan McMeekin QC, Former Justice of the Supreme Court of Queensland

5.20pm

Closing remarks

Presenter:
Chloe Kopilovic, Councillor, Queensland Law Society; Senior Associate, fc lawyers and Member, Queensland Law Society Innovation Committee

5.25pm

Day 1 Close

7pm–late

Conference Gala Dinner

Join your colleagues and peers for a night of entertainment and glamour at the ‘Live and let die – Bond 007’ themed Conference Gala Dinner. Enjoy a three-course dinner, beverage package, and be swept up on the dancefloor by BrizBand. Make your grand entrance in cocktail attire befitting for a secret agent.

Saturday 2 November

3.5 CPD points

6.30-7.30am

Yoga – salute the sun!

Begin the day feeling energised and positive with our yoga class guaranteed to boost your physical and mental wellbeing. Whether you are an expert at “downward dog” or have never tried yoga before, come along and let our experienced instructor guide you through a variety of poses and movements. No special gym gear required – just wear comfy clothes, bring a mat or towel, and be willing to stretch and enjoy. Namaste!

8.15am

Registration

8.45am

Welcome remarks

Presenter:
Chloe Kopilovic, Councillor, Queensland Law Society; Senior Associate, fc lawyers and Member, Queensland Law Society Innovation Committee
Chair:
Michele Davis, Head of Succession & Elder Law, Wilson Lawyers and Member, Queensland Law Society Succession Law Committee

8.50am

The year in review – case update

Join us for a snapshot of the latest cases and legislation updates from the last 12 months, and pick up some practical tips on how they will impact your day-to-day practice, including:

  • quotable and notable cases in succession law
  • QCAT ‘in focus’
  • Australian Financial Complaints Authority (AFCA)
  • Guardianship and Administrative Act.
Presenters:
Prue Poole, Principal, McInnes Wilson Lawyers and Accredited Specialist (Succession Law) – Qld
Carla Parsons, Director, Parsons Law and Accredited Specialist (Succession Law) – Qld
Pip Coore, Barrister, Queensland Bar
Chair:
Michele Davis, Head of Succession & Elder Law, Wilson Lawyers and Member, Queensland Law Society Succession Law Committee

9.50am

Morning tea

10.10am

Stream 5A - Life

Costs of Attorneys - A matter for the Principal’s pocket?

This session will explore:

  • indemnity - Agent vs Trustee, Attorney vs Administrator
  • jurisdiction of QCAT to make orders about costs
  • reported decisions from QCAT
  • unreported decisions experienced by practitioners at the frontline
  • the risks for Attorneys and Principals
  • problems and solutions for practitioners and their Attorney clients
  • unresolved or untested issues.
Presenters:
Frances Fredricksen, Special Counsel, Parsons Law; Accredited Specialist (Succession Law) – Qld and Member, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee
Dr Daniel Morgan, Barrister, Queensland Bar
Chair:
Chris Herrald, Senior Associate, Mullins Lawyers; Deputy Chair, Queensland Law Society Succession Law Committee and Member, Queensland Law Society Elder Law Committee

Stream 5B - Death

Two sides of a coin

This session will:

  • examine inter vivos transactions designed to minimise estate assets
  • compare and contrast the above transactions to challenging those transactions post death
  • explore the respective paper trail(s)
  • provide practical tips for practitioners
Presenter:
Andrew Fraser, Barrister, Queensland Bar
Chair:
Michele Davis, Head of Succession & Elder Law, Wilson Lawyers and Member, Queensland Law Society Succession Law Committee


10.55am

Stream 6A - Life

How is estate planning for older people different and dangerous?

This session will explore:

  • What is an ‘Estate’ for an older person?
  • Is estate planning really a new form of ‘family planning’?
  • Is family involvement appropriate?
  • How does parent caring affect a plan?
  • Developing elder issues affecting testamentary intentions.
  • Tall tales from the presenter.
Presenter:
Brian Herd, Partner, CRH Law and Member, Queensland Law Society Elder Law Committee
Chair:
Chris Herrald, Senior Associate, Mullins Lawyers; Deputy Chair, Queensland Law Society Succession Law Committee and Member, Queensland Law Society Elder Law Committee

Stream 6B - Death

Superannuation death benefits: Getting it right or dealing with the dispute

This session will explore:

  • reviewing trustee discretion after Re Marsella [2019] VSC 65 – what steps should the trustee follow, and when does a trustee need to make an application to the court
  • checking the validity of a Binding Death Benefit Nomination (BDBN) and other documentation relating to the fund
  • who can challenge a BDBN and how do you go about it
  • who is an eligible recipient
  • conflicts of interest (eg, Trustee, Executor/Administrator).
Presenter:
Hayley Mitchell, Special Counsel, Cooper Grace Ward and Accredited Specialist (Succession Law) – Qld
Chair:
Michele Davis, Head of Succession & Elder Law, Wilson Lawyers and Member, Queensland Law Society Succession Law Committee


11.40am

Coffee break

12pm

Damned if you do, damned if you don’t

This session will explore the ethical issues around disclosure of estate planning instructions, will files and solicitors’ obligations to provide statement and confidentiality issues, including:

  • the application of s33Z of the Succession Act 1981 (Qld) and
  • the matter of Saltmer v Rennick.

This session will further discuss the ethical conflicts including those addressed by the Queensland Law Society, Non-Binding Ethics Ruling (2016) 1 (further provision of an estate in circumstances where the firm has previously acted for the deceased in the sale of her interest in a property) and Non-Binding Ethics Ruling (2019) 4.

Presenters:
Stafford Shepherd, Director, QLS Ethics and Practice Centre, Queensland Law Society
Christine Smyth, Consultant, Robbins Watson Solicitors; Former President, Queensland Law Society; Member, Queensland Law Society Succession Law Committee; Member, Queensland Law Society Specialist Accreditation Board; Member, STEP; Accredited Specialist (Succession Law) – Qld
Chair:
Michele Sheehan, Principal, enTrust Law; Principal, Sheehan & Co, Solicitors; Accredited Specialist (Family Law); Accredited Specialist (Succession Law) - Qld; Chair, Queensland Law Society Succession Law Committee and Member, Specialist Accreditation Board

1pm

Closing remarks

Presenter:
Bill Potts, President, Queensland Law Society; Director, Potts Lawyers; Member, Queensland Law Society Criminal Law Committee and Queensland Law Society Senior Counsellor

1.10pm

Close

 


QLS will use every effort to maintain the integrity of event programming, however QLS reserves the right to amend professional development programs and substitute presenters and/or topics where necessary.


 

Exhibitors

Trade exhibitor

Equity Trustees

Trade exhibitor

legalsuper

Trade exhibitor

Perpetual