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 Control Issues in the Estate Plan – a live lunchtime online conference

Online Conferences,Estate planning,Control Issues in the Estate Plan – a live lunchtime online conference
Tuesday 8th February 2022
Vic, NSW, ACT, Tas: 12 noon to 2.45pm
QLD: 11am to 1.45pm
SA/NT: 11.30am to 2.15pm
WA: 9.00am to 11.45am
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Hear from the experts at this online lunchtime 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, presentations and you'll have an opportunity to ask questions via online chat.

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


Session 1: Estate Planning for Someone Who Has Lost Capacity 

What can be done to establish a proper estate plan when you have a client who has lost capacity? This session examines what can be done to sort out the estate plan, including the making of statutory wills. It covers:

  • Is there an EPOA? What steps can be taken?
  • Applying to the relevant tribunal for a guardianship order
  • What can be done to sort out trusts, companies and assets?
  • The use of statutory wills to create an effective estate plan
  • Recent cases

Session 2: Maintaining Control When the Appointor Loses Capacity

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 – should you use a corporate appointor?
    • 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

Session 3: The Right Asset in the Right Place at the Right Time: Ownership and Control Issues in the Estate Plan

What happens when the testator has specific assets that s/he wants to pass onto specific beneficiaries, especially when the estate is held in a mix of entities including discretionary trusts, superannuation, in corporate structures and in the testator’s own name?  This session considers ways to get ownership and control to the right person without triggering dire tax consequences, including:

  • Using CGT rollovers:
    • ATO views on the Division 125 demerger provisions: TD 2019/D1
    • Small business restructure rollover to move assets from company into discretionary trust
  • Considering stamp duty consequences:
    • Trust concessions available for trust splitting
  • Using control mechanisms for economic ownership:
    • How would this operate?
    • Thinking about the commercial and personal practicalities

Jennifer Dixon, Practice Leader, Moores, Melbourne (Chair)

Craig Spink, Principal, Spink Legal, Brisbane

Warwick Gilbertson, Partner, Turnbull Hill Lawyers, Sydney

David Hughes, Partner, McCullough Robertson Lawyers, Brisbane

  • 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.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units/points (substantive law). Accountants can claim 2.5 CPD/training hours.


If you register and pay by 21st January 2022 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

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: OCEFEB22
 Price:   $495.00 (Inclusive of GST)