An essential practical workshop that will equip legal assistants and paralegals with a thorough understanding of Wills and Estates legal basics, file management and common file issues to allow you to gain ability and confidence to support a Wills and Estates practice. You will gain a thorough knowledge of the practice, procedure and the basics of document drafting of critical documents. Explore best practice in dealing with client needs, problems and concerns.
Professional Skills
2.00pm to 5.15pm Will Drafting Workshop for Legal Assistants
Estate Basics
- Identify critical Will clauses
- Understand the difference between “estate” and “non-estate” assets
- Examine the differences between a “standard” Will and one incorporating testamentary trusts, including:
- discretionary trusts
- rights of residence
- capital protected trusts
- protective trusts
- superannuation proceeds trusts
- special disability trusts
- Explore common Will clauses, including:
- gifts to particular beneficiaries – including pets, shares in companies, real estate and dealing with digital assets
- succession of control of trusts and self-managed superannuation funds
- non-estate assets and adjustments
- overseas assets and estate administration
- Look at the different types of powers of attorney and when each one is used
- Examine intestacy and the implications of someone dying without a valid Will
- Understand the definition of “domestic partners” and the consequences
3.30pm to 3.45pm Afternoon Tea
File Management
- Relevant considerations in Will preparation
- Common drafting practices
- Using Will precedents effectively
- Codicils
- Execution – Wills and Powers of Attorney
- Revocation
- Wills Storage
- Keeping up-to-date
- Initial letters and final letters
- Using Instruction sheets and checklists
Common File Issues
- Testamentary capacity issues
- Undue influence
- Urgency
- Executor's duties and commissions
- Trustees
- Costing
- Family law issues – marriage, divorce, separation and Wills
- Blended family considerations
- Vulnerable beneficiaries
Your Workshop Facilitators are:
Greg Russo, Principal Solicitor, Greg Russo Law; Accredited Specialist in Wills and Estates; Chairperson of the LIV Specialist Accreditation Education Advisory Committee and LIV Wills & Estates Advisory Committee; recognised in Doyle's Guide in Victoria as a Leading Wills Estates and Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer
Rohani Bixler, Principal Solicitor, Olivetree Legal; Member of the LIV Succession Law Committee
Seth Howell, Principal Solicitor, Howell Legal
Description
Attend and earn 3 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Presenters
Greg Russo, Principal Solicitor, Greg Russo Law
Greg has almost 30 years’ experience in succession planning, administration and litigation and is one of Victoria’s most experienced and respected succession law solicitors. With a background in pure mathematics, Greg not only understands the implications of planning decisions on future taxation, SMSF, trust and estate administration, he is also able to break down complex concepts and structures logically and explain options to clients in a way that empowers them to take positive action and ownership for their decisions. Using the knowledge and insights that he has acquired over three decades; he crafts unique solutions to complex succession problems. Greg teaches both mathematics and law, regularly presents CPD succession events to solicitors, accountants and other professionals in Victoria, Queensland, and online. Greg is an LIV Wills & Estates Accredited Specialist, a chairperson of the LIV Specialist Accreditation Education Advisory Committee, a board member of the Mount Eliza Community Bank, a member of STEP, and is recognised in Doyle’s Guide, in Victoria, as a Leading Wills and Estates Litigation Lawyer and a Leading Wills, Estates and Succession Planning Lawyer.
Rohani Bixler, Principal Solicitor, Olivetree Legal
Rohani is the Principal Solicitor at Olivetree Legal. She has practiced exclusively in the area of Wills and Estates since 2006. Rohani is involved with various Carer groups and has a special interest in assisting families to plan for beneficiaries with disabilities and mental health challenges. Rohani is a member of the LIV Succession Law Committee and the Society of Trust and Estate Practitioners, and is the Vice-President of the Mornington Peninsula Lawyers’ Association.
Seth Howell, Principal Solicitor, Howell Legal
Seth is the Director and Principal Lawyer of Howell Legal. In addition to his legal training and expertise, Seth has tertiary qualifications in psychology and disability studies which were important factors that helped establish his early interest in human rights and advocacy which have heavily influenced his approach to practising law. Prior to focusing his time and attention to Wills & Estates, Seth previously practised in Human Rights, Guardianship & Administration, Family Law, Property Law, Commercial Law, and Litigation & Dispute Resolution. Seth is committed to building trusting professional relationships with his clients and empowering them to make informed decisions to protect their interests. Seth is passionate about educating his clients and providing guidance to identify risks and implement strategies at any early stage to try and prevent potential problems before they arise. When conflict does arise Seth is committed to resolving disputes sensibly and efficiently to minimise risks and legal costs and to try and preserve important family relationships where possible. When not working, Seth enjoys playing golf, staying physically active and spending time with his wife Sarah and his three children. Seth is also actively involved in his church and local community in Mornington.
