Recorded Interactive Webinar: 3 CPD Compulsory Programs for Succession Lawyers – Ethics, Professional Skills, Practice Management

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for lawyers for the CPD year ending 31 March 2026.

Session 1: Professional Skills

More Than a Signature: Drafting, Using and Managing POAs Effectively

Powers of Attorney (POAs) are a vital tool in estate and incapacity planning - yet they remain one of the most commonly misunderstood and misapplied legal instruments. For practitioners, the professional challenge lies in drafting, advising and managing POAs in a way that minimises client risk while upholding fiduciary and ethical obligations. This session focuses on the practical skills lawyers need to get POAs right, including:

• How to identify and expressly include powers that align with client objectives - from gifts and Binding Death Benefit Nominations (BDNs) to fiduciary roles under discretionary trusts
• Drafting techniques to avoid common traps when dealing with superannuation, trust deeds, and corporate entities
• Professional judgment in advising on the scope of authority - when silence creates danger and when limitations should be built in
• Managing conflicts of interest where attorneys seek to act as Appointor, Guardian or in other fiduciary roles, and the skills to advise clients appropriately
• Case insights from Re Narumon [2018] QSC 185, McFee v Reilly [2018] NSWCA 322, Power v Power [2011] NSWSC 288, Grant v Grant (No. 2) [2020] NSWSC 1288, and Rayner [2010] NSWSC 810 - with a focus on what practitioners can learn and apply in day-to-day practice

Session 2: Practice Management & Business Skills

Cybersecurity in Succession Practice: Protecting Clients, Protecting Yourself

Succession lawyers hold some of the most sensitive personal and financial information clients will ever disclose - making them a prime target for cyber criminals. From ransomware attacks to email interception and fraudulent payment redirection, one breach can devastate both clients and the practice. This session provides succession practitioners with the knowledge and systems they need to strengthen their defences, including:

• The most common cybersecurity threats facing legal practices
• Real-world case studies of cyber incidents in law firms - and how they unfolded
• Practical steps to secure wills, trusts and estate planning files - both digital and physical
• Training staff and managing workflows to reduce human error, phishing risks and weak links
• Obligations under privacy, professional conduct, and cyber insurance frameworks
• Building a culture of “cyber hygiene” in succession practices: checklists, protocols and incident response plans

Session 3: Ethics

When the Client Isn’t the Only Voice in the Room: Ethical Challenges in Succession Practice

Succession lawyers routinely work in emotionally charged environments where multiple family members may be present, elderly clients may be vulnerable, and disputes simmer just beneath the surface. These settings create unique ethical pressures: who is really the client, how to protect independence, and when to step aside. This session examines the real-world dilemmas and offers guidance for ethical, compliant practice, including:

• Identifying the true client: managing instructions when adult children, carers, or other “helpers” are heavily involved
• Undue influence and diminished capacity: how to detect red flags, protect client autonomy, and manage the ethical consequences of continuing or ceasing to act
• Confidentiality and privilege pitfalls: when family members push for disclosure of wills or advice, and how to balance duties
• Acting for executors and beneficiaries: navigating conflicts of interest in estate administration and litigation contexts
• Walking away: when withdrawal is the only ethical option - and how to do so without compromising the client’s interests
• Practical lessons from recent disciplinary cases and judicial commentary relevant to succession practice