Succession Law CPD Catch-up Bundle – 3 CPD units

Take advantage of this limited offer to top up your CPD units ahead of next year’s CPD deadline.  These 3 recorded webinars represent excellent value for money.

These 3 recorded webinars are valued at $808.50 if purchased individually. Take advantage of this limited offer to top up your CPD units ahead of next year’s CPD deadline. These 3 recorded webinars represent excellent value for money at only $396 if you buy by 17.11.23.

Webinar 1:  Ducks in a Row: Aligning Binding Financial Agreements, Binding Death Benefit Nominations and Wills

Recorded: 14th June 2023

About the webinar

The diversification of assets, the growth of superannuation value and marriage breakdowns and re-partnering have all contributed to complexity in succession planning. With a range of documents and directions potentially applying upon death, practitioners need to plan and draft accordingly to avoid inconsistency and ensure their clients’ intentions are met. This session will provide a guide to drafting complementary arrangements to apply upon death, including:

• Planning considerations for clients with complex needs and assets – tips for taking a wholistic approach
• To what extent do the terms of a BFA apply following death of one of the parties?
• Should a will refer to a BFA or incorporate relevant provisions?
• Structuring binding death nominations in superannuation trust deeds to align with testamentary and BFA intentions
• Will a statement of wishes accompanying a will minimise the risk of a dispute?
• Key issues in updating and periodic review of testamentary intentions and relevant documents
• Drafting guidance and strategies for consistency and completeness

Presented by:  Patrick Ellwood, Director, Clover Law, Brisbane, Qld

Webinar 2:  When the Cupboard is Bare: Administration of Insolvent Estates

Recorded: 29th May 2023

About the webinar

In difficult economic times it is not unusual for the deceased to have accumulated more liabilities than assets during his or her lifetime. This situation brings up particular challenges in the administration of a will and stress for any family or creditors remaining. This session provides a deep dive into management of such estates, including:

• Distinguishing bankruptcy and insolvency and key challenges for the estate
• What are the obligations of the executor?
• Cost and other issues for administrators and advisers
• When is it appropriate to apply for bankruptcy?
• Who is liable for the deceased’s remaining debts?
• Rules for accessing non - estate assets including insurance proceeds and superannuation
• Asset protection advice for insolvent clients
• Recent cases

Presented by:  David Topp, Barrister, Bank of New South Wales Chambers, Brisbane, Qld

Webinar 3:  I have a right to know, Don’t I? Beneficiary Rights and Entitlements to Information

Recorded: 7th September 2023

About the webinar

Traditionally, there have been two schools of thought when it comes to treatment of the rights of beneficiaries by the Courts: some consider beneficiaries to have quite expansive rights, while others considers a more narrow view. Over the past 12 months, a number of decisions have brought these issues to a head. This session will unpack the current legal arguments surrounding the rights and entitlements of beneficiaries to information and documents and seek to clarify how recent cases have impacted questions that arise in practice. It covers:

• What rights do beneficiaries have to information and/or documents about the trust?
• What documents may need to be disclosed to beneficiaries (e.g. summary of information about trust assets or complete financial statements for all entities within the trust structure?)
• Does this now include a right to know the reasoning of the trustee in relation to distributions of discretionary family trusts? How much detail is required?
• What steps might trustees now be expected to take to inform itself of the needs of beneficiaries?
• Is there any corresponding obligation now on beneficiaries to disclose information about their circumstances to the trustee
• Who pays for the access to the information or documents?
• Lessons from recent cases

Presented by:  John Armfield, Barrister, Second Floor Wentworth Chambers, Sydney, NSW