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 Live Webinar: 3 CPD Compulsory Topic programs for Succession Lawyers

Date: Monday 27th February 2023
Vic, NSW, ACT, Tas: 2pm to 5pm
Qld: 1pm to 4pm
SA: 1.30pm to 4.30pm
NT: 12.30pm to 3.30pm
WA: 11am to 2pm

 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 2023.

Session 1: Practice Management & Business Skills

Electronic Documents, the Digital Age and the Succession Law Practice

The digital era is here to stay, and with it comes electronic wills, probate and communications. How should your succession law practice adapt to these challenges? This session looks at the main rules and provides practical guidance on navigating the new landscape, including:

  • Sending email or hard copy letter – a professional practice issue?
  • Electronic communication and confidentiality issues
  • Electronic communication and the intersect with legal professional privilege
  • Without prejudice communications – risk factors in electronic communication
  • Electronic probate – what are the practical issues emerging in practice?
  • Electronic wills – It may be legal but is it practical?

Session 2: Ethics

Practitioner Executors Dealing with Estate Assets: Practical Ethical Dilemmas

The role of executor can be onerous, and this is particularly so for solicitors acting as executors. This session looks at the ethical risks for solicitors in this role, particularly when dealing with estate assets. It includes:

  • Should solicitors be executor? – an ethics perspective
  • Executor problems in working out who they represent
  • Ethics issues when managing estate property for many beneficiaries
  • The extent of fiduciary responsibility on an executor
  • When the executor does not gain proper authority – when is this an ethical breach?
  • When inadequate record keeping becomes an ethics problem
  • Case study – what executors must not do if they want to avoid ethics breaches

Session 3:  Professional Skills

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
 PRESENTERS
Live Webinars,Legal CPD Compulsory Subject/s,Live Webinar: 3 CPD Compulsory Topic programs for Succession Lawyers

Ines Kallweit, Principal, KHQ Lawyers, Melbourne, Vic

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 is also a notary public.

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

Live Webinars,Legal CPD Compulsory Subject/s,Live Webinar: 3 CPD Compulsory Topic programs for Succession Lawyers

Dr John de Groot, Special Counsel, de Groots Wills and Estates Lawyers, Brisbane, Qld

John is a highly respected Accredited Specialist in Wills and Estate Law with more than 30 years experience in estate planning, estate administration and estate litigation.

John brings to his clients an extensive and comprehensive array of legal skills and solutions, with a focus on quality outcomes. John is able to clearly explain complex legal terms and provisions to provide his clients with peace of mind and an assurance that he has their best interests in mind.

John is a leading specialist in Succession Law and author of a number of definitive publications on the subject. These include: “Wills Probate and Administration Practice (Queensland)”, “Wills Probate and Administration Practice (New South Wales)” and “Family Provision in Australia” (an estate litigation text), of which he is co-author with Mr Bruce Nickel.

Live Webinars,Legal CPD Compulsory Subject/s,Live Webinar: 3 CPD Compulsory Topic programs for Succession Lawyers

Margaret Arthur, Special Counsel, HopgoodGanim, Brisbane, Qld

Margaret is a Special Counsel with HopgoodGanim Lawyers and specialises in the area of Succession law and Elder Law.

In 2015 Margaret achieved accreditation in Succession law and is one of only 45 accredited Succession law specialists in Queensland.

Margaret is the Chair of the Health & Disability Committee of the Qld Law Society, and a member of the Qld Law Society’s Succession law Committee. Margaret is also a member of the Management Committee of the Caxton Legal Centre.

 WHO SHOULD ATTEND?

This webinar is suitable for lawyers practising in succession law - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2023.

 CPD CERTIFICATE

Registered live webinar delegates will receive a CPD certificate for attendance at this webinar. Lawyers can claim 3 CPD units – 1 unit each for Practice Management & Business Skills, Ethics and Professional Skills.

 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



© Television Education Network Pty Ltd 2022

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.

At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RB6FEB23
 Price:   $396.00 (Inclusive of GST)
© 2022 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.