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Succession Law Conference

Succession Law Conference

Date & TimeFriday 13 October 2017 8.30am-5pm
Format Conference
Price

Member

$630.00

Non-Member

$750.00

CPD Units 6
  • Ethics & Professional Responsibility
  • Professional Skills
  • Substantive Law
Venue RACV City Club, 501 Bourke St, Melbourne View Map

The annual LIV Succession Law Conference will arm you with essential information and updates you need to be successful in this area.

Hear from an exceptional line-up of speakers about the risks executors can confront in distributing estates and how to avoid them, discuss ethical dilemmas facing practitioners and obtain vital case law and tax updates.

Futher details below.

Program Overview

  • Succession Law Conference - Friday 13 Oct
    • 8:30 AM Registration Begins
    • 8:55 AM Conference Opening & Welcome
    • 9:00 AM Session 1: Keynote Presentation – Judicial Registrar Englefield

      In her keynote presentation, Judicial Registrar Englefield will discuss the current issues you should be aware of that may impact your succession law practice.

    • 9:30 AM Session 2: Judicial Advice Applications

      In this session, Dr Kristine Hanscombe QC and Andrew P Dickenson of the Victorian Bar will discuss the scope and limitations of what parties can seek by way of judicial advice, and offer some examples of cases that show when an application for judicial advice is appropriate and when it is not.

      They will also discuss the requirements of an application for judicial advice, including what evidence is necessary and also when a contradictor should be added as a Defendant.

      Speakers:

      • Dr Kristine Hanscombe QC, Victorian Bar
      • Andrew P Dickenson, Barrister, Victorian Bar
    • 10:30 AM Morning Tea
    • 11:00 AM Session 3: Case Law and Legislation Update

      This session will look at patterns and trends in cases in Victoria and elsewhere in trusts and estates, as well as bringing attendees up to date with the substantial changes made by the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Bill 2016 , due to commence 1 November 2017 (unless proclaimed earlier).

      Speaker: Carolyn Sparke QC, Barrister, Victorian Bar

    • 12:00 PM Session 4: Succession Lawyers Tax Update

      Keeping up to date with tax changes is essential for any Succession lawyer.

      Michael Flynn QC will provide an essential update on recent developments in tax law, including the rules concerning non-resident estates and beneficiaries, CGT small business concessions, recent CGT changes, the new draft practice statement on executors' liabilities, recent amendments to the stamp duty rules, and the decisions in Mercanti v Mercanti [2015] WASCA 206 and Blenkinsop v Herbert [2017] WASCA 87.

      Speaker: Michael Flynn QC, Victorian Bar

    • 1:00 PM Lunch
    • 2:00 PM Session 5: Panel Discussion: Ethical Dilemmas Facing Succession Lawyers

      Lawyers practising in Succession Law are often faced with unique ethical challenges. In this session, our experienced panel will discuss the common and not so common ethical dilemmas they see arising for succession lawyers and how to deal with them.

      Moderated by a senior solicitor from the LIV Ethics and Professional Practice department, our panel will use case studies to highlight ethical dilemmas arising in Succession Law and discuss their approach to these.

      Moderator: Michael Dolan, Senior Ethics Solicitor, Law Institute of Victoria

      Panellists

      • Heather Hibberd, Chief Risk Manager, Legal Practitioners' Liability Committee
      • Jennie Pakula, Manager, Assessment & Resolutions, Victorian Legal Services Board and Commissioner
      • Ursula Stanisich, Barrister, Victorian Bar
    • 3:00 PM Afternoon Tea
    • 3:30 PM Session 6: Risks to Executors in Distributing Estates

      In this highly informative session, Mark Maier, Director, McNAB McNAB & Starke Lawyers, Accredited Wills and Estate Specialist, will discuss the risks to executors in distributing estates with a particular look at the following:

      • Time limits for Part IV claims under 99A (3) & (4) of the Administration & Probate Act 1958
      • Waivers under 99A (2) of the Administration & Probate Act and why they are of limited value to executors
      • Joint and several liability exposure for executors who distribute early
      • Creditors Notices – executor protection, not beneficiary protection
      • The obligation to distribute promptly once time limits have expired
      • Life interest and remaindermen title creation and Part IV claims – not leaving the door open to the Visigoths
      • VOI procedures for beneficiaries
      • Personal liability to executors for distributing to Bankrupt beneficiaries
      • Properly documenting beneficiary distribution instructions
      • Placing the burden on beneficiaries to update distribution instructions
      • Managing beneficiary expectations

      Speaker: Mark Maier, Director, McNAB McNAB & Starke Lawyers, Accredited Wills and Estate Specialist

    • 4:30 PM Session 7: Drafting Wills: The Good, the Bad and the Indecipherable

      Our speaker will provide practical advice on what to do and what not to do when drafting wills with tips and strategies that can be implemented into your practice.

      Speaker: To be confirmed

    • 5:00 PM Conference Close

Further Details

  • Full Description

    The annual LIV Succession Law Conference will arm you with the essential information and updates you need to be successful in this area.

    Hear from an exceptional line-up of speakers about the risks executors can confront in distributing estates and how to avoid them, discuss ethical dilemmas facing practitioners and obtain vital case law and tax updates.  In addition Judicial Registrar Englefield, in her keynote presentation, will be covering important issues that all succession lawyers need to know about.

    Register today to learn from our expert speakers, and to share your views and network with your peers.

    Sessions include:

    • Keynote Presentation – Judicial Registrar Englefield
    • Judicial Advice Applications  
    • Case Law and Legislation Update
    • Succession Lawyers Tax Update
    • Panel Discussion: Ethical Dilemmas Facing Succession Lawyers
    • Risks to Executors in Distributing Estates 
    • Drafting Wills: The Good, the Bad and the Indecipherable
  • Presenters

    Keynote Presenter – Judicial Registrar Englefield

    Dr Kristine Hanscombe QC, Victorian Bar

    Andrew P Dickenson, Barrister, Victorian Bar

    Carolyn Sparke QC, Barrister, Victorian Bar

    Barrister for over 26 years, commencing at the Bar with a broad commercial practice in property law, building cases, insolvency and insurance, specialising in equity, trusts and deceased estate cases, VCAT and Attorneys. Carolyn is a mediator, Vicbar representative on the VCAT Guardianship List users committee, Member of STEP (Advanced Certificate in Trust Disputes), has a qualification in International Arbitration with the Chartered Institute of Arbitrators.

    Publications - Lexis-Nexis "Wills Probate and Administration Service Victoria” (co-author); "Removing executors and trustees" Oxford University Press Trusts & Trustees Journal; Law Institute Journal articles; Editorial Committee for the Trust Quarterly Review.  Adjunct lecturer in the Masters Program, College of Law. Chair of the CommBar Superannuation Section. 

    Carolyn is also advocacy instructor from readers to advanced levels in Australia and Internationally. Formerly chair of Firearms Appeals Committee, an appeals tribunal."

    Michael Flynn QC, Victorian Bar

    Michael is a chartered accountant who practises in the areas of revenue law and trusts. In 2014 he was the national President of the Tax Institute. He is also a member of the Society of Trust and Estate Practitioners. Michael is the co-author of two books: Death and Taxes, a book about the tax consequences of death now in its sixth edition, and Drafting Trusts and Will Trusts in Australia (Thomson Reuters).

    Michael Dolan, Senior Ethics Solicitor, Law Institute of Victoria

    Michael has gained extensive experience as a country and city solicitor, as well as in-house counsel for both a major statutory corporation in Victoria and an Australian electricity supply industry association. Michael provides advice to solicitors on ethics issues and supports the work of the LIV Ethics Committee.

    Heather Hibberd, Chief Risk Manager, Legal Practitioners’ Liability Committee

    Jennie Pakula, Manager, Assessment & Resolutions, Victorian Legal Services Board and Commissioner

    Ursula Stanisich, Barrister, Victorian Bar

    Mark Maier, Director, McNAB McNAB & Starke Lawyers, Accredited Wills and Estate Specialist 

  • Learning Outcomes

    By attending this conference, you will:

    • Walk away with up-to-date knowledge on recent case law and taxation matters in succession law.
    • Discover the scope and limitations of what parties can seek by the way of judicial advice and the requirements of an application for judicial advice.
    • Gain a deeper understanding of risks to executors in distributing estates.
    • Develop an understanding of how to deal with common and not so common ethical dilemmas facing succession lawyers.
    • Employ strategies to draft effective wills that meets the needs of clients.