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 Recorded Webinar: 3 CPD Compulsory Topics for Succession Lawyers


26th February 2020
Duration:  3 hours

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for succession lawyers for the CPD year ending 31 March 2020.  This is a national webinar and is suitable for succession lawyers Australia wide.

Session 1:  Ethics:  Will Drafting: Drafting with Ethics in Mind

As a practitioner there are occasions when the client provides unethical instructions. The client may also create an ethics dilemmas in the nature of dispositions proposed for wills. This session is designed to address ethical will making in all its dimensions, including:

  • Ethical challenges in obtaining instructions on wills – dealing with pushy beneficiaries

  • When client’s testamentary wishes appear improper or impractical – How to respond

  • Responding to beneficiary fraud or misrepresentation when drafting

  • Addressing the risk of challenge to a will when drafting – what to advise client

  • When choosing an executor – extent of practitioner obligation

  • Obtaining instructions from elderly clients – ethical issues in determining capacity

  • When should you include explanatory statements in wills?

  • Case study - Should solicitors act as executors? The ethical challenges of wearing ‘two hats’

Session 2:  Professional Skills:  A Battle of Wills - Using ADR in Succession Law Matters

Use of alternative dispute resolution in succession matters makes sense, especially for smaller estate. This session looks at the key skills required to run a successful ADR, including:

  • Use of alternative dispute resolution in succession matters – an overview

  • Family provision – Use of judicial settlement conferences

  • Preparing the client

  • Cost issues

  • Conducting the conference – essential dos and don’ts

  • Exchanging offers – what not to do at crucial moments

  • Case study – examples of successful alternate dispute resolution

Session 3:  Practice Management & Business Skills:  Managing Money in Your Succession Law Practice

Succession law practice requires careful trust account money management over the longer term. This involves planning and effective management systems to make things work. This session looks at the key issues, including:

  • Deceased estate trust account management – a risk management checklist

  • Authorized journal entries and narrations to explain actions

  • Best practice supervision of trust accounts for succession matters

  • Dealing with long standing credit balances

  • Documenting your trust account succession matters

  • Long running trust account management – steps in place for money in trust account

  • Reporting to clients about funds in trust – essential do’s and don’ts

  • The importance of annual reports for client with continuing balances

  • Bespoke billing for succession matters – hard wiring openness and transparency

  • Checklist for trust account management on succession matters

  • Case study –checklist for efficient trust account management succession matters

Recorded Webinars,Legal CPD Compulsory Subject/s,Recorded Webinar:  3 CPD Compulsory Topics for Succession Lawyers

Michael Clohesy, Principal Lawyer, Aitken Partners, Melbourne

Michael Clohesy is an experienced and passionate Wills & Estates lawyer. He also lectures in this area of law at Australian Catholic University.

Michael’s expertise is in the preparation of complex wills (known as Testamentary Trusts), the administration of deceased estates and estate litigation.

As a lawyer with an extensive teaching background Michael is committed to ensuring that his clients understand what can be a complex and bewildering legal process.

Michael advises that a properly drafted Will ensures that your family are provided for and there is no conflict. He also suggests that preparing a Will is plainly and simply good manners.

Recorded Webinars,Legal CPD Compulsory Subject/s,Recorded Webinar:  3 CPD Compulsory Topics for Succession Lawyers

John Armfield, Barrister, Sydney

John specialises in estate litigation.  He regularly advising and appearing for plaintiffs and estates in relation to matters in the Equity Division of the Supreme Court of New South Wales, John has extensive experience also representing clients at mediations and informal settlement conferences.

He has also acted as a court-appointed mediator with respect to family provision claims. His practice has a strong emphasis on probate, family provision applications and will construction. He has also appeared in applications seeking a review of orders allowing commission to executors.

John regularly presents papers at legal conferences in relation to wills and succession law.

Recorded Webinars,Legal CPD Compulsory Subject/s,Recorded Webinar:  3 CPD Compulsory Topics for Succession Lawyers

Belinda Marschke, Principal, dbm horizons and Co-founder & director, Lacuna Legal Providers, Brisbane

Belinda is a chartered accountant with significant experience in public practice, including Big 4 accounting firms and her own consulting practice.  Since 2010 Belinda has worked exclusively with law firms, including in practice management and finance roles at Minter Ellison, as CFO of a mid-tier law firm, and more recently as an external consultant to small and mid-size practices. 

Belinda is also co-founder and director of Lacuna Legal Providers.  At Lacuna Legal Providers, Belinda works exclusively with lawyers advising them on the set up of new legal practices and providing support with their continuing practice management, financial and regulatory obligations and requirements.  In addition to legal “back office” support, Belinda leverages her experience and deep knowledge of professional services firms and the changing legal landscape to provide strategic and operational business management support to legal practices including measuring and reporting on metrics and key business drivers for enhancing performance, developing processes and creating business efficiencies, shifting to alternative fee and service delivery models as well as managing risk and compliance.


This webinar is suitable for succession lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2020.

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

Product Code: WB13FEB20
 Price:  $385.00 (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.