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.
- About the Online Conference
- The Faculty
- CPD Certificate
- Registration Special Offer
Wednesday 29th May 2024
Vic, NSW, ACT, Tas: 12noon to 3.15pm
QLD: 12noon to 3.15pm
SA: 11:30am to 2:45pm
NT: 11:30am to 2:45pm
WA: 10:00am to 1:15pm
About the Online Conference
Session 1: Gone but not Forgotten: A Drafting Guide for Statements of Wishes
Statements of wishes are becoming increasingly popular as a mechanism for supporting a will, but can also cause discontent within a family and lead to will challenges. This session sets out how to draft a statement of wishes to achieve its aim and minimise the risk of a family fall-out, including:
- Why have a statement of wishes? Benefits and disadvantages
- What form should the statement take?
- A discussion on the content of a statement of wishes – what’s out and what’s in
- The importance of language and avoiding incrimination and ill-will
- Tips for explaining exclusions and intentions in gift making
- Can a statement of wishes be made confidential or restricted in its disclosure?
- Formalities and execution
- Examples and a discussion of recent cases.
Session 2: In for a Penny, Out for Pound: Drafting Settlement Agreements in Estate Litigation
Whether settled by mediation or at the court door, documenting settlement agreements in emotional and often fraught circumstances means both good preparation and clear-headedness by the advising legal practitioner is essential. This session will provide the toolkit necessary to take control of the situation and achieve the best outcome for your client, including:
- What should be on the checklist and/or prepared in advance?
- What are the usual stumbling blocks to a quick execution of the settlement deed?
- Ensuring accuracy in recitals and party details
- Identifying relevant property and assets and timelines for transfers
- Allocating responsibility for taxes and costs
- Relevant warranties, liabilities and indemnities
- Other essential clauses and next steps.
Session 3: The ABCs of Parent to Child Loan Agreements
Inter-generational loans are becoming more common as a result of reduced housing affordability and a tightening economy. While the temptation can be to adopt a “she’ll be right attitude”, experience indicates that a well-drafted comprehensive written agreement will withstand the test of time. This session will provide a guide to documenting and drafting water-tight loan arrangements, including:
- The preliminaries – who is my client? Loan or gift?
- A checklist of document essentials
- Risk management provisions including:
- Taking security
- Interest payments
- Term of loan
- How to draft for asset protection in the event of relationship changes
- Factoring in the impact of aged care, incapacity or death on the loan arrangement
- Dispute resolution processes and enforceability issues
- Liabilities, financial implications and taxation consequences
- Updating estate planning arrangements to reflect the loan.
Brian Hor, Special Counsel, Townsends Business & Corporate Lawyers, Sydney, NSW (Chair)
Melissa Yule, Consultant, Adelta Legal, Adelaide, SA
Anthea Kennedy, Partner, AccS(Wills&Estates), Bridges Lawyers, Sydney, NSW
Stefan Manche, Principal Lawyer, Coulter Legal, Geelong, Vic
Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.
Lawyers can claim up to 3 CPD units/points (substantive law).
Registration Special Offer
If you register and pay by 3rd May 2024 you will pay only $385 – a saving of $165 off the full price conference registration fee of $550.
If you need assistance or have an enquiry, please do not hesitate to contact our Conference & Event Coordinator, Jason Hooker on (03) 8601 7719 or email: [email protected]