Recorded Webinar: 3 CPD Compulsory Topics for Succession Lawyers,Recorded Webinar: 3 CPD Compulsory Topics for Succession Lawyers

 

26th February 2019

Duration:  3 hours

 ABOUT THE WEBINAR
This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for succession lawyers for the CPD year ending 31 March 2019.


Session 1: Legal Ethics:  Ethical Dilemmas in Maintaining Confidentiality in Wills and Estates Matters

Maintaining confidentiality is a fundamental component of the solicitor / client relationship. However, difficult ethical conundrums can arise in practice, particularly in succession law matters.

This session looks at the key challenges in meeting confidentiality and ethics requirements, including:

  • Confidentiality obligations to potential clients
  • Complying with solicitor conduct rules on confidentiality
  • Dealing with forced disclosure - statutory notices and legal demands for information
  • Can an executor demand your will instruction file?
  • Confidentiality and managing risk in cyberspace
  • Disclosing information to protect client – confidentiality in emergency situations
  • What are exceptions to the duty of confidentiality?
  • Confidentiality issues and providing information to a court or tribunal about a client’s lack of mental capacity


Session 2: Professional Skills: Preparing Wills with Precision: The Drafting Toolkit for Succession Lawyers

Will drafting has become an increasingly difficult task – family dynamics, complicated asset structures and tax considerations all play a part in raising the complexities. It’s vital practitioners minimise the risks of future disputes by removing ambiguity and drafting with precision.  This session looks at the tips and traps to drafting wills and the key things to consider, including:

  • Drafting the appointment and succession of executors
  • Defining the beneficiaries correctly
  • Drafting with the statutory rules of interpretation in mind
  • Drafting conditional gifts
  • Specific gifts and residuary gifts
  • Drafting gifts to charity
  • Drafting difficult dispositions – life interests, and rights of residence 
  • Lessons from In the Will of Thomas Henry Finch (dec'd) [2018] QSC 16 (13 February 2018)
     


Session 3:  Practice Management & Business Skills:  Running a Succession Law Practice: Facing the Competing Challenges Head-on

It’s never been more difficult to be a succession lawyer. On the one hand, clients are demanding bottom dollar prices for “products”, such as pro forma wills, and an increasing number of players are entering the online legal services market. On the other hand, the judiciary seem to be increasing the regulatory burdens on the profession and the demands from insurers seem to be getting higher.

This session examines how to manage these competing tensions and covers:

  • Review of the range of business models for succession law products and services
  • Implications of and responses to competition from other professions, and from online
  • Identifying your competitive advantage/fit within the market
  • ‘Products’ versus ‘services’ in the succession law space – why the distinction is important
  • Judiciary and insurer expectations – understanding a practitioner’s legal obligations and regulatory burdens
  • Ethical challenges facing practitioners in meeting client cost expectations
 PRESENTER
Our presenter

Carolyn Sparke QC, Victorian Bar, Melbourne

Carolyn Sparke Specialises in Equity/ Wills and probate law. Practice in general commercial work, including superannuation disputes, property law, insolvency, corporations. 

Carolyn has appeared in a number of cases involving testator’s family maintenance claims (for executors and for children and various other claimants) and testamentary capacity and other estate and trust-related matters.

Carolyn is also Co-author of Butterworths loose-leaf service "Wills Probate and Administration Service Victoria". 

Richard Williams, Barrister, Brisbane

Richard Williams is a Barrister at the Queensland Bar.

He studied Law at Cambridge University and was first called to the Bar in England and Wales in 1993.

He has a specialist practice in wills, estates, trusts and superannuation.

He is a nationally accredited mediator, and has been listed in Doyle’s Guide since 2015 as a leading barrister for wills and estates litigation.

He is an Adjunct Lecturer for the College of Law’s masters program in Wills & Estates, and a sessional academic at the Queensland University of Technology, in succession law.

He is past Chair of the Queensland branch of the Society of Trust and Estate Practitioners (‘STEP’), and past Chair of STEP Australia.

Richard is a regular speaker and contributor to professional journals.

Ines Kallweit, Principal, KHQ Lawyers, Melbourne

Ines Kallweit leads the Wills & Estates team at KHQ Lawyers.  She is an Accredited Specialist in Wills & Estates (with the Law Institute of Victoria) and a member of the Society of Trust and Estates Practitioners.

Ines’ practice ranges from estate planning, the preparation of Wills and Powers of Attorney to complex estate administration and estate litigation.  Her broad knowledge in this area and solutions-focused approach allows her to assist clients with the preparation of comprehensive estate plans and the administration of complex estates.  Her estate litigation work involves both defending estates and representing individuals in resolution of disputes involving Wills, property, estate and guardianship matters.

Ines advises clients in all areas of estate planning, estate administration and estate litigation.

Ines is widely regarded as one of the country’s leading practitioners in this area of law, and has been recognised as a preeminent Wills & Estates Litigation Lawyer for Victoria in Doyles Guide for three consecutive years (2015-2017). 

 WHO SHOULD ATTEND?

This webinar is suitable for succession lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2019.

 ENQUIRIES/ASSISTANCE
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: lisa@tved.net.au
Product Code: WBXFEB19
 Price:  $385.00 (Inclusive of GST)
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