Attend this premier event to gain the information and updates essential for wills and estates lawyers. Hear a keynote address from The Hon Justice Lindsay AM, receive a comprehensive case update and understand the issues that can arise when preparing powers of attorney and guardianship documents and with court-authorised wills. Join our panel as they consider legal capacity from both the medical and legal perspectives. Gain your core compulsory CPD units while listening to topics tailored to wills and estates lawyers that will enhance your practice.
Presented by The Hon Justice Lindsay AM, Supreme Court of New South Wales
Gain insights from senior legal and medical specialists into the issues and factors that can impact on determining legal capacity and on the challenges in assessing testamentary and decision-making capacity.
Facilitated by Katelin Whitley, Principal, Bestic Law; Accredited Specialist, Wills and Estates and Property Law
Panellists:
Renee Bianchi, Barrister, 13th Floor St James Hall Chambers; recommended Wills & Estates Litigation Junior Counsel – Australia, Doyle’s Guide 2023
Margaret Pringle, Barrister, Chalfont Chambers; recommended Wills & Estates Litigation Junior Counsel – Australia, Doyle’s Guide 2024
Adjunct Professor Dr Tuly Rosenfeld, Senior Specialist Geriatrician and Physician
Chair: Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist, Wills and Estates Law
- The nature of executor’s obligations where a lawyer is acting as executor
- Can an executor resign
- What happens if there is a conflict of interests
- What are executorial duties and can the lawyer charge for those
- What is considered a breach of duty
- Recent caselaw dealing with executors’ behaviour
- Practical points and tips for lawyers acting as executor
Presented by Irina Hoskinson, Barrister, Latham Barristers
- When to mediate? Selecting a mediator, face to face, collaborative online, audiovisual teleconferencing or a hybrid form?
- Barristers: Why brief? When to brief? Benefits for clients and contributions to mediation process
- Mediation preparation: promoting process to clients, mediation and confidentiality agreements, position papers and opening statements
- Support persons: their role and place in a mediation
- Disclosing new information, evidence or claims: when and how to address (and respond) fairly and effectively
- What is the meaning of a “good faith” mediation?
- Making the most of the mediator during mediation
- Delightful and difficult opponents: mediation styes and strategies
Presented by Asheetha Jelliffe, Partner, Bridges Lawyers; Accredited Specialist, Wills and Estates Law; recognised as Preeminent Estate Litigation Lawyer- New South Wales, Doyle’s Guide 2024, and Martin Gorrick, Mediator, Gorrick Mediations
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is based on NSW legislation
Chair: Adeline Schiralli, Consulting Principal, Keypoint Law; Accredited Specialist, Wills and Estates Law
A court-authorised will can be a useful method of ensuring that a person’s testamentary intentions can be fulfilled, even if that person has lost capacity. With an aging population, it’s timely to review these wills and unpack:
- Common situations where a party seeks a court-authorised will
- Evidence required to support an application
- Review of recent cases in the States and Territories concerning court-authorised wills
Presented by Indran Sinnadurai, Partner, Teece Hodgson & Ward; Accredited Specialist, Wills & Estates Law; Recognised as Leading Wills & Estates Litigation Lawyers – New South Wales, Doyle’s Guide 2023
Explore the various complex issues faced when preparing these important documents including:
- Taking instructions
- Drafting special provisions
- Getting the details right
- Identifying red flags
- Managing conflicts of interest
Presented by Marie Brownell, Director, Estate Planning and Administration, NSW Trustee and Guardian; Accredited Specialist in Wills and Estates Law; Lecturer, College of Law
Take a deep dive into the implications of the latest decisions in a variety of types of wills and estates matters
Presented by Raoul Wilson SC, Eighth Floor Wentworth Chambers
- Identifying the client’s circumstances
- Legislation and Regulations
- Remembering ‘First Principles’
- Making a will
- Other estate planning documents
- Potential family provision claims
- Solicitors’ negligence
Presented by Mark Squire, Practice Group Leader- Wills and Estates, Vinden Lawyers
Presenters
Mark Squire, Practice Group Leader- Wills and Estates, Vinden Lawyers
After conducting his own city practice for many years, Mark Squire has now opted for an ‘administrative-free’ role as Special Counsel at Atkinson Vinden (with whom he has had a lengthy association). In this role, Mark is able to practice substantially in estate planning with a particular interest in blended family issues. Mark is a former part-time lecturer at UTS and is a regular presenter to legal and other professional groups, mainly for Legalwise.
Adeline Schiralli, Consulting Principal, Keypoint Law
Adeline Schiralli is an accomplished & passionate estate planning and elder law solicitor with extensive experience developing comprehensive and practical estate plans that suit the individual circumstances of her clients. Adeline is a NSW Law Society Accredited Specialist in Wills & Estates Law and a Consulting Principal of Keypoint Law. Adeline is also an Adjunct Lecturer at the College of Law, teaching numerous subjects in the Wills & Estates and Estate Planning majors for their Master of Law program. Adeline holds a Master of Law (Applied Law) in which she majored in Wills and Estates and is a member of the NSW Law Society’s Elder Law, Capacity & Succession Committee. Adeline was listed in the Doyle’s Guide 2021 as a ‘Recommended Lawyer’ in the category of Leading Wills, Estates and Succession Planning Lawyers and was also listed in the Doyle’s Guide 2017 as a ‘Rising Star’ in the same category. Adeline is adept at advising clients on matters including the implementation of wills (particularly sophisticated testamentary trust wills), powers of attorney and enduring guardianships, superannuation death benefit nominations and properly gifting the control of entities (including private companies and/or trusts) to the appropriate person(s) in the event of death and/or incapacity. Adeline can also assist clients in relation to the administration of a deceased persons’ estate and regularly advises clients in relation to retirement village contracts and aged care agreements. Adeline is passionate about obtaining peace of mind for her clients in relation to their estate planning and elder law needs, and regularly presents seminars to other solicitors, professionals and to members of the public in the area of wills, estates and elder law. Her approach is underpinned by her commitment to achieving peace of mind for her clients in relation to their wills, estate planning and elder law needs. Adeline takes a holistic approach to estate planning and works closely with her client’s other advisors (accountants, financial planners etc.) to best achieve her client’s objectives.
The Hon Justice Lindsay AM, Supreme Court of New South Wales
Justice Geoff Lindsay was appointed to the Equity Division of the Supreme Court of NSW in 2012. He is currently the Court's Probate and Protective List Judge. He graduated from the Australian National University in 1977 with the degrees of Bachelor of Economics and Bachelor of Laws. , He was admitted as a solicitor of the Supreme Court of NSW in 1978 and practised as a barrister from 1979 specialising in equity, commercial and administrative law. He was appointed Senior Counsel in 1994. , At the time of his appointment to the Bench, he was the Chairman of the Council of Law Reporting of NSW and was a member of the Council of the NSW Bar Association. , He also served as the Bar Association's representative on the Uniform Rules Committee and the Supreme Court Rule Committee, upon each of which Committees he has continued to serve as a judge. , He was the foundation secretary of the Francis Forbes Society for Australian Legal History upon its establishment in 2002. He has been editor of the Australian Bar Review since 1996, a co-editor of Thomson Reuter's NSW Civil Procedure Practice since 2005 and, since his appointment to the Bench, leading Editorial Consultant for CCH, NSW Conveyancing Law and Practice.
Katelin Whitley, Principal, Bestic Law
Katelin Whitley is the principal of Bestic Law located in both the Hunter Valley and Sydney and practices primarily in succession, trust, and property law matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011 and as an Accredited Property Law Specialist in 2021. She works on both simple and high-level estate planning and acts on estate administrations including for large and complex estates. She has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. Katelin has represented estates, applicants, and beneficiaries. Katelin has completed her Master of Laws at the University of Sydney and Master of Forensic Mental Health in the UNSW School of Psychiatry. She has been lecturing in the College of Law Wills & Estates Master of Applied Law program since 2017. She served as a member of the Law Society NSW Elder Law and Succession Committee and the Law Society NSW Accredited Wills & Estates Specialists Committee. Katelin is also a Notary Public and serves as a Council Member with the Society of Notaries of New South Wales Inc.
Renee Bianchi, Barrister, 13th Floor St James Hall Chambers
Renée Bianchi commenced practice as a barrister in 2013. Before being called to the Bar, Renée was a litigation solicitor, specialising in public liability, product liability, and professional indemnity matters. Since being at the Bar, she has built up a diverse practice in equity, common law, and commercial matters. She appears regularly in a variety of jurisdictions in New South Wales, and interstate. Renée graduated from the University of Newcastle with a Bachelor of Biomedical Science (Honours) and a Bachelor of Laws/Diploma of Legal Practice. Renée is currently the Vice President of Australian Women Lawyers and Co-Vice Chair of the Women Barristers Forum. She is also a member of the Law Council of Australia’s Equal Opportunity Committee. She is a Past President of NSW Young Lawyers and the Women Lawyers Association of New South Wales, and a Past Chair of the Young Lawyers Committee of the Law Council of Australia. She is also a volunteer with Girl Guides Australia and the World Association of Girl Guides and Girl Scouts; as well as the Board Secretary of the B Miles Women’s Foundation. Renée was recognised by the University of Newcastle in its 2019 Alumni Awards for her exceptional community service, particularly for her service to the legal profession. Doyle’s Guide has listed her in its Wills and Estates Litigation Leading Lawyers list since 2016, naming her as a Leading Junior Counsel in this area since 2019.
Margaret Pringle, Barrister, Chalfont Chambers
Margaret Pringle was admitted as a solicitor in February 2001, having previously qualified and worked as a registered nurse. She was employed by the former Public Trustee (now NSW Trustee & Guardian) specialising in Equity litigation involving deceased estates. In 2007 Margaret was awarded a Master of Jurisprudence (USyd). Margaret was called to the NSW Bar in May 2010 and practices primarily in the Equity jurisdiction of the Supreme Court in matters relating to the estates of deceased and incapable persons. She is a member of Chalfont Chambers on Level 9, 67 Castlereagh Street, Sydney.
Adjunct Professor Dr Tuly Rosenfeld, Senior Specialist Geriatrician and Physician
Dr Rosenfeld is a specialist in Geriatric Medicine and Aged Care and has 40 years of experience in clinical practice in hospital and community care older people with complex medical problems of which neurodegenerative diseases figure prominently. He has over the last 20 years been very involved as an expert in medicolegal issues often regarding disputes over wills, estates and decision making. He has published in international peer reviewed journals about capacity and dementia.
Indran Sinnadurai, Partner, Teece, Hodgson & Ward
Indran is an Accredited Specialist in Wills and Estates Law. He has experience in all aspects of estate litigation. He has a particular interest in contested probate proceedings and applications for court-authorised wills as well as both plaintiff and defendant family provision litigation. Indran also has extensive experience in defendant litigation, both at trial and appellate level. His practice focuses on litigious aspects of estate, probate and succession law, as well as public liability asbestos claims. He has acted for a publicly listed Australian company for over 15 years, defending asbestos-related claims against it, both at first instance and on appeal. Indran also advises churches in relation to professional standards and child protection. He has acted in landmark litigation which upheld the validity of the child protection.
Marie Brownell, Director, Estate Planning and Administration, NSW Trustee and Guardian
Marie was admitted as a solicitor in 2004 and became an Accredited Specialist in Wills and Estates in 2009. She has worked exclusively in administering and advising clients on estates and trusts matters including duties, rights and responsibilities of executors, trustees and beneficiaries. She works directly with brokers, financial planners, accountants and individuals in providing expert, tailored advice on all aspects of estate planning and estate and trust matters. Marie has previously lectured at University of Western Sydney on Planning for Retirement as part of the Masters degree in Financial Planning. Marie currently lectures at the College of Law in the Estate Planning units as part of the Masters.
Raoul Wilson SC, Eighth Floor Wentworth Chambers
Raoul Wilson SC, Eighth Floor Wentworth Chambers Raoul is listed as Leading Senior Counsel in Doyles Guide for Wills and Estate Litigation Barristers, New South Wales, for 2016, 2017, 2018 together with being listed in Doyles Guide for Leading Wills and Estate Litigation Barristers Australia for 2017, 2018. He has over 36 years experience as a legal practitioner, having taken silk in 2013 after being admitted to the Bar in 1984 following a period as a solicitor at King Wood Mallesons (then known as Stephen Jacques Stone James) and an Associate to the late Justice DG McGregor in the Federal Court of Australia. Raoul is not only an expert in Wills and Estates. His expertise extends to advising and appearing in Equity and Commercial matters where he customarily appears at first instance and on appeal in the Supreme Court of New South Wales, the Federal Court of Australia and the Family Court of Australia (in disputes involving company directors, trustees in bankruptcy and equitable interests). As junior counsel, Raoul appeared regularly for the Official Trustee in Bankruptcy. In 2002 he was a member of the Family Law Committee of the NSW Bar Association. In 2008 he was a member of the joint committee of the NSW Bar Association and the Law Society which considered the provisions of the Succession Amendment (Family Provision) Act 2008 and in 2009 was a member of a similar committee which considered the provisions of the Succession Amendment (Intestacy Act) 2009. Raoul is a regular presenter at Seminars on Wills and Estates held by specialist gatherings of Wills and Estates practitioners and Regional Law Societies. He is also an experienced Mediator in wills and estate matters which are referred by the Supreme Court of New South Wales for private.
Monica Ross-Maranik, Consulting Principal, Keypoint Law
Monica is an accredited specialist in wills and estates law in NSW, working predominately in estate litigation, probate, estate administration and estate planning. She has over 29 years’ practise in the field, including extensive experience conducting high profile litigation which she undertakes with compassion and strategic reasoning. Monica’s areas of expertise include: Wills and estate planning, contested probate litigation, Family provision litigation, Probate and estate administration, other estate and equity litigation, Trusts and trust litigation, Enduring powers of attorney, Enduring guardianships and Protective jurisdiction advice and litigation including court authorised wills. Monica holds a Master of Laws from Sydney University and is a current member of the International Society of Trust.
Irina Hoskinson, Barrister, Latham Barristers
Irina commenced private practice in 2011. Irina was called to the Bar in 2016 and takes briefs to appear in Supreme Court, Federal Circuit and Family Court and Local Court. She appeared in family provision, probate, bankruptcy, corporate insolvency, general equity and family law matters. In 2020 Irina took a break from the Bar for 14 months and held a position as Probate Registrar in the Supreme Court of NSW. In that role she was making decisions in relation to complex probate and administration matters; she also sat as a Common Law and Equity Registrar and presided over corporations’ examinations. Upon her return to the Bar, Irina currently practices mainly in probate and family provision matters. Irina is a costs assessor and an associate lecturer at College of Law.
Asheetha Jelliffe, Partner, Bridges Lawyers
Asheetha was admitted to practice in 2003. She has over 20 years' experience in Wills and Estates Law and became an Accredited Specialist in 2011. She is appointed by the Law Society of NSW as a member of the Advisory Committee for Specialist Accreditation in Wills and Estates, as is the Head Assessor of that committee. Although her main area of practice is in contested estate litigation, including testamentary capacity matters, family provision cases and other trust and estate administration suits, she has utilised that experience in her growing estate planning practice. She also has experience in Elder Law related issues and applying for 'out of the ordinary' grants of probate and letters of administration. Asheetha has been appointed as a Court Appointed Administrator for estates. She is a regular presenter at seminars and workshops in the areas of Wills and Estates law. Asheetha is a member of the Society of Trust and Estate Practitioners. Asheetha has been listed in the 2024 Doyles Guide's lists of Preeminent Estates Litigation Lawyers and Leading Wills Estates & Succession Planning Lawyers in NSW.
Martin Gorrick, Mediator, Gorrick Mediations
Martin practiced at the Sydney Bar from 1989 to 2016, principally in property, equity, succession and ‘elder’ law. Between 2006 and 2016 Martin was the lecturer in Succession Law at UTS. Martin relinquished his barrister’s practice in 2016. Since that time he has worked exclusively as a mediator: regularly conducting private and court appointed mediations, principally in the areas of real property, succession and elder law.