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 Preparing Wills for Maximum Impact – a live lunchtime online conference

Online Conferences,Wills and Succession Law,Preparing Wills for Maximum Impact – a live lunchtime online conference
Thursday 27th October 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
REGISTER NOW!
3 WEEKS
UNTIL THE EVENT
.   .
 ABOUT THE ONLINE CONFERENCE
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.

 THE PROGRAM

Session 1: Anoint and Appoint: Key Clauses in Testamentary Trust Deeds

The most important role in a trust arrangement is that of the appointor. The choice of an appointor is the first significant decision that needs to be made, with other considerations following. This session will examine why practitioners and their clients need to give serious consideration to the selection and powers of an appointor and the consequences of getting things wrong, including:

  • Does a trust need to have an appointor?
  • What qualities does the appointor need to possess?
  • What powers does an appointor need to properly discharge their duties?
  • What happens if the appointor dies or becomes incapable of acting? How should the role pass?
  • What mechanisms need to be in the trust deed to change the appointor or trustee?
  • When should an appointor remove a trustee?
  • Can an appointor be personally liable?
  • Drafting tips for trust deed appointments and variations
  • Recent cases including Cardaci v Filippo Primo Cardaci as executor of the estate of Marco Antonio Cardaci [2021] WASC 331; Re Owies Family Trust [2020] VSC 716; Edwards & Anor v Brougham [2022] SASC 8

Session 2: Shades of Grey: Professional Responsibility for Determining Capacity

At a time when people are living longer than ever before, the making of a will tends to happen in later life when declining health may impact decision-making. What are the obligations of legal practitioners faced with will preparation for a client with signs of cognitive impairment? This session will provide guidance to practitioners on precautionary measures to protect both their clients and themselves from challenges, including:

  • At what stage does capacity need to be tested?
  • Who is responsible for making a decision on capacity? Is medical evidence always conclusive?
  • Can a person with any level of dementia make a will?
  • The role and obligations of practitioners in assessing capacity and planning for will execution
  • Key precautionary measures to avoid challenges on the grounds of capacity
  • Who bears the onus of proof in a challenge?
  • What evidence of capacity will the courts look at?
  • The role of the statutory will regime when testamentary capacity is lacking
  • Recent cases including Greer v Greer [2021]QCA 143; Estate Rofe [2021] NSWSC 257; Chant v Curcuruto [2021] NSWSC 751; Gooley v Gooley [2021] NSWSC 56

Session 3: Double Trouble? The Perils and Pitfalls of Mutual Wills

The benefits of mutual wills can be significant, but in practice mutual wills have their problems and limitations in terms of drafting, enforcement and family impact. This session will examine those issues and provide guidance to practitioners in how to navigate and minimise the risks, including:

  • In what circumstances should mutual wills be considered?
  • A deep dive into the advantages and disadvantages
  • How binding are mutual wills?
  • Can one party change or revoke their mutual will without the consent of the other party?
  • Who can bring an enforcement action against the will-maker and at what stage?
  • What are the consequences of a surviving party dealing or reducing the assets referred to in a mutual will?
  • Alternative options for protecting assets and ensuring disposal intentions are met
  • Can a mutual will defeat a family provision claim? Stanford v Stanford [2021] NSWSC 1469
  • Do practitioners have a conflict of interest in drafting mutual wills for both parties?
  • Drafting tips for mutual will provisions
  • Recent cases, including Forster v Forster [2022] QSC 30
 THE FACULTY

Katelin Whitley LLM, MFMH, Principal, Bestic Law, Sydney, NSW (Chair)

Bryan Mitchell, Principal, Mitchells Solicitors, Brisbane. Qld

Margaret Arthur, Special Counsel, Accredited Specialist in Succession Law, Hopgood Ganim, Brisbane, QLD

Justine Taylor, Principal Director, Uther Webster & Evans, Sydney, NSW

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 FEEDBACK FROM PREVIOUS ONLINE CONFERENCES
  • 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.
CPD CERTIFICATE

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).

EARLY BIRD REGISTRATION

If you register and pay by 30 September 2022 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

 ENQUIRIES/ASSISTANCE
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: hayley@tved.net.au



© Television Education Network Pty Ltd 2022

Product Code: OSLOCT22
 Price:   $495.00 (Inclusive of GST)