Legalwise: Wills and Estates Conference

Date: Wednesday 4 March 2015
Time: 9.00am to 5.15pm
Venue: Parmelia Hilton, 14 Mill St Perth

Attend the full day and earn 7 CPD points in Competency Area 3: Substantive Law

Attend the annual Legalwise Wills and Estates conference and gain an in-depth understanding of practical issues in family provisions, child and parent relationship and an analysis of the proper provision in large estates, to keep up to date with key developments altering the legal landscape that all estate practitioners should know. Learn about how can you adapt your client’s estate planning strategy for their changed circumstances in blended families and avoid the pitfalls.

SESSION ONE: 9.00am to 1.15pm

Estate Litigation

Chair: Stephanie Smith, Solicitor, WA State Manager – Estate Planning, National Australia Trustees Limited

Practical Issues in Family Provision Litigation

  • Claims involving small estates, including costs considerations
  • Formulating the claim for further provision
  • Need and large estates

Presented by Dr Peter MacMillan, Barrister, Francis Burt Chambers

Proper Provision in Large Estates: Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza and Ors

  • Examination of ‘adequate provision’ as compared to ‘proper provision’ in a large estate
  • Is the jurisdictional test any different for large estates in a family provision application?
  • How many applications actually succeed if they go to trial?
  • Can eligible persons who are financially comfortable still succeed

Presented by Sally Bruce, Special Counsel, Jackson McDonald

‘Parent’ and ‘Child’ Relationships Recognised in Estates Claims

  • The many types of ‘child’
  • Proving admission during the lifetime of the deceased
  • The role of DNA
  • Case studies

Presented by Elise Croft, Partner, Kott Gunning Lawyers

Solicitors’ Negligence: Protecting Yourself

  • Protecting yourself against negligence claims
  • Recent case examples

Presented by Martin Cuerden SC, Barrister, Francis Burt Chambers

SESSION TWO: 2.00pm to 5.15pm

Estate Planning and Complexities When Drafting Wills

Chair: David Fleming, Director, HFM Legal

Dealing with the Emerging Issue of Digital Assets in Estate Planning

  • Who owns rights to and transference of digital assets such as itunes, Facebook, Gmail, Youtube, Twitter and Linkedin?
  • Complexities with foreign jurisdictions controlling some assets
  • Recommendations as to how to deal with digital assets in wills and other ways
  • Lessons from the UK and USA on digital asset disputes

Presented by Morgan Solomon, Director, Bowen Buchbinder Vilensky

Estate Planning for Blended Families

  • Potential for challenges
  • The options to set up family trusts that stay out of the will
  • Business succession planning and keeping it out of the will
  • What to do with super nominations in these situations and how they can help
  • How binding financial agreements and superannuation splitting agreements affect the will
  • Ways to protect assets in blended situations, and creative solutions to solve complex problems

Presented by Warren Black, Director, Eternal Lawyers

Tax and Superannuation in Wills and Administration

  • Consideration of the succession issues in superannuation, particularly in light of recent cases
  • Superannuation tax issues and the interaction with the drafting of wills
  • How will drafting impact superannuation
  • Superannuation in the overall estate planning context

Presented by Jemma Sanderson, Director, Cooper Partners