Preparing the Succession Plan – A Power Pair of recorded webinars

This Power Pair comprises 2 popular succession law webinars from earlier this year.  Each recorded webinar is one hour in length.

Webinar 1: Deep Dive into Testamentary Trust Creation in Estate Planning

Testamentary trusts have an integral and very important place in estate planning, yet it’s not one size fits all and important considerations need to be made about trust nature, assets and beneficiaries. This session will examine a number of key testamentary trust types and provide a guide to content and drafting, including:

• When is a testamentary trust an appropriate arrangement and why have one?
• Essential elements of a testamentary trust
• A comparison of discretionary trusts and capital protected trusts
• Rights to reside and other life interests
• Key features of protective and special purpose trusts
• Tips and traps for trusts for minor children
• Taxation and other financial considerations in testamentary trusts
• Tales from the courts on testamentary trust failures

Webinar 2: Testamentary Capacity, Cognitive Decline and Ageing Clients

As clients age, they not only contend with the passage of time but also grapple with cognitive decline which often goes hand-in-hand with ageing. This intersection raises fundamental questions about their capacity to make informed, legally valid decisions regarding asset distribution and will creation. This paper explores testamentary capacity in the context of ageing clients, delving into the interplay between cognitive decline, legal standards, medical assessments, and ethical considerations. It examines:

• Capacity – a legal test informed by medical assessment
• Understanding what ‘mental capacity’ means
• Key indicators demonstrating a lack of mental capacity
• Communicating with the client and recording initial capacity assessment data
• When to refer and assessing who to refer to – key criteria in making referral decision
• Constructing the referral letter to medical specialist
• The solicitor’s role in mental capacity assessment – taking clear instructions
• Conferring with client and making legal judgement on medical evidence
• Should you appoint a substitute decision maker?
• The distinction between capacity to make a will compared to power of attorney
• Lessons from cases

SPECIAL PURCHASE OFFER – EOY SALE

This pair of recorded webinars would usually cost $539, but as part of the EOY sale you can buy the pair for only $297 if you order by 19.12.24.