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

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

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.

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.

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.

Lawyers can claim 3 CPD units – 1 unit each for Practice Management & Business Skills, Ethics and Professional Skills.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.