Drafting Imperatives for Succession Lawyers – a recorded lunchtime online conference

Recorded Online Conference,Wills and Succession Law,Drafting Imperatives for Succession Lawyers – a recorded lunchtime online conference
Wednesday 20th January, 2021
Duration: 2.5 Hours
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Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: Bequest but Beware: Will Drafting to Prevent Gift Failures

The time difference between will preparation and death can result in changes in circumstances that may impact on the bequests in the will. This session will provide guidance on will drafting to minimize risk in gifts failure, including:

  • Clarity and specificity in beneficiary names and asset descriptions
  • Gifts to charities: identifying entity and allowable purposes
  • What are “personal effects” and what is excluded from this description?
  • Crystal ball gazing and covering possible eventualities:
  • Beneficiary death or bankruptcy
  • Breakdown in family relationship
  • Sale of specific gifted assets
  • Purchase of assets
  • The potential consequences of conditional gifts
  • How to draft gifts for greater certainty – residuary clauses
  • Will health-checks and reviews to minimise gift failures
  • Case update and recent developments in the law

Session 2: Drafting Specific Powers and Limitations in an Enduring Power of Attorney

Appointing an attorney to act on behalf of a person can safeguard that person’s interests and those of their family. The dilemma in drafting an enduring power of attorney is the nature and extent of the powers to be given to the attorney, particularly as these cannot be changed once the donor becomes incapacitated. This session will explore some of the drafting options, including:

  • Attorney appointment and potential conflicts of interest
  • The merits and pitfalls of having joint and several attorneys
  • Broad powers v specific powers – determining the needs of the donor
  • Options for limiting powers and drafting for precision:
  • Commencement of the power of attorney
  • Specific tasks or responsibilities
  • Monetary and financial limitations
  • Seeking professional advice
  • Consulting family members
  • Asset management at pre-defined time
  • Case studies and examples

Session 3: Key Elements of Special Purpose Trusts

Special purpose trusts are established to assist particular beneficiaries who may not be able to manage their own affairs. This session will provide a guide to the key terms in such trusts and drafting tips for ongoing trust management, including:

  • Types of special purpose trusts and when to use them
  • Inter vivos or testamentary? When should a trust be set up?
  • What should the trust deed cover? Drafting guides for:
  • Trustee appointment and replacement
  • Relevant terms and conditions concerning asset holding and distribution
  • Dispute management
  • Variations
  • Termination
  • Legislative requirements and models for special disability trusts
  • Tips for carrying out trust deed health-checks


Caroline Sims, Partner, Teece Hodgson Ward Solicitors, Sydney (Chair)

Jen McMillan, Manager – Practice Support Services, Lawcover, Sydney 

Simon Robinson, Senior Associate, McCullough Robertson Lawyers, Sydney

Jennifer Jackson, Senior Lawyer, Moores Legal, Melbourne

  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • Our team used the boardroom.  We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did.  All from the comfort of our own office.
  • The conference was well organised and the email links very useful.

Lawyers can claim up to 2.5 CPD units/points (substantive law).

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: [email protected]

© Television Education Network Pty Ltd 2021

Product Code: KSLJAN21
 Price:  $550.00 (Inclusive of GST)