Live Webinar: Managing the Estate Plan When the Appointor Loses Capacity


Date:  Thursday 19th July 2018 – Online: 
Vic, NSW, Qld, ACT, Tas – 3pm to 5pm
SA & NT 2.30 to 4.30pm  
WA 1pm to 3pm

What sort of provisions should be in your trust deed and estate planning documentation to deal with loss of capacity? This session looks at the challenges when passing control from one generation to the next, how to do it effectively and avoid family disputes.  This session covers:

  • Should the trust deed directly deal with loss of capacity?
  • How should loss of capacity be defined for these purposes?
  • Who should take over?
    • an attorney under enduring power?
    • a successor family member?
  • Sidestepping the problem - using a corporate appointor:
    • plusses and minuses of corporate appointors
    • dealing with director of the corporate appointor who loses capacity
    • it’s all about control - shareholders and voting the shares
    • shareholder losing capacity - who exercises voting power?
  • Structuring the loss of appointor capacity rules in the deed/constitution to minimize the risk of family fights - what approach is best:
    • protecting the non-business parent from their children
    • protecting siblings from each other
    • balancing the interests of the second spouse and the children of the first marriage
Our presenter

Scott Whitla, Partner, McCullough Robertson, Brisbane

As an accredited specialist in succession law, Scott specialises in all aspects of succession planning, estate administration and estate and trust litigation.  He manages the firm’s Equity and Private Client team, having been made a Partner in 2009. His clients include high-net worth individuals, accountants, financial advisers and other legal firms and their clients.

Scott assists clients to find effective succession planning solutions which protect and preserve assets for the intended beneficiaries, while also minimising the taxation and stamp duty implications which might otherwise arise.  He is a leading lawyer in the area of preparing, interpreting and contesting wills, administering deceased estates and applications to the Queensland Civil and Administrative Tribunal.

Scott is a regular speaker for the Queensland Law Society, Television Education Network and the Taxation Institute of Australia.  He is also a qualified mediator.         


This webinar is suitable for lawyers throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim up to 2 CPD [CLE] units/points – substantive law.  This webinar has been designed to run for 2 hours, however, webinar lengths can vary depending on the level of questions and discussion, and the minimum length of the webinar is 1.5 hours.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBLJUL18
 Price:   $253.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.