Avoid the risks associated with estate planning and consider the problems that may arise. Navigate mutual wills to avoid surprises, consider SMSFs and their interaction with succession law and how to best use SMSFs in the estate plan. Uncover the problems of intestacy whether it is to avoid intestacy or when dealing with intestacy.
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on WA legislation
12.15pm to 1.15pm Avoiding the Problems of Intestacy
- What can go wrong with Intestate deceased estates
- Practical implications of dealing with intestacy
- Deeds of Family Arrangement and intestacy
- Implications of intestacy on administration and estate litigation
Presented by Matthew Gunn, Senior Associate, Solomon Hollett Lawyers; Wills & Estates Law Rising Stars -WA Doyle’s Guide 2023
Chair
Beverley Sorrell, Lawyer, Croftbridge, Recommended Wills and Estates Lawyer - WA, Doyle's Guide 2023
9.00am to 10.00am A Guide to Understanding Mutual Wills to Avoid Surprises
- What makes a mutual will mutual: key requirements
- When should your clients consider using a mutual will? And other alternatives
- Addressing unintentional mutual wills agreement and remedies for beneficiaries
Presented by Ross Mendonca, Head of Estate Planning and Deceased Estates, Culshaw Miller; Wills, Estates & Succession Planning Law Rising Star – Western Australia, Doyle’s Guide 2023
10.00am to 11.00am Contested Probate Lessons for Will Drafting
- Testamentary capacity, knowledge and approval
- Suspicious circumstances
- Undue influence and fraud
- Recent decisions and current trends
- Best practices: what the drafting lawyer should do (and should not do)
Presented by Peter Nevin, Partner, Taylor Smart; Recommended Wills & Estates Litigation Lawyer and Recommended Wills, Estates and Succession Planning Lawyer – Western Australia, Doyle’s Guide 2024
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Making a Grand Exit: SMSFs & Succession
- What is an “SMSF Will” (and is it really an alternative to a BDBN)?
- Passing control of the SMSF to the “right people”
- Should we wind up an SMSF or pass it on to the next generation?
- Post-death superannuation trusts
Presented by Lisa Monaco, Associate Director, Birchstone Tax Law; Recommended Wills, Estates & Succession Planning Lawyer – WA, Doyle's Guide 2023
Presenters
Matthew Gunn, Senior Associate, Solomon Hollett Lawyers
Admitted to the Supreme Court of WA in 2016, Matt is a dedicated succession lawyer, deeply experienced in all aspects of estate planning, the administration of deceased estates and managing estate litigation. Matt specialises in working with high-net-worth families and enjoys collaborating with his clients’ advisors to develop tailored plans for personal and business succession matters. Matt also has significant experience in obtaining grants of probate and administration from the Supreme Court, with a focus on obtaining grants informal and improperly executed or drafted Wills. Matt also manages complex and high-net-worth estates. Matt has a strong passion for helping to avoid estate disputes by early negotiation and insightful advice. Matt has helped clients achieve positive outcomes across the full range of estate litigation including family provision claims, proving the validity of wills and successfully negotiating resolutions in disputes between executors and beneficiaries. Matt is a member of the Society of Trust and Estate Practitioners of WA (STEP) and currently serves on the STEP WA policy sub-committee. Matt was also named in the 2023 and 2022 Doyle’s Guide listings as one of Western Australia’s Wills & Estates Law Rising Stars.
Beverley Sorrell, Lawyer, Croftbridge
Beverley practices in wills and estate planning, probate and administration of estates, inheritance claims and estate disputes. Beverley also acts on behalf of clients in guardianship and administration matters in the State Administrative Tribunal. Beverley prides herself in providing an exceptional client service and is focused on assisting clients reach a cost effective stress free resolution. Beverley has a special interest in utilising collaborative practice as a form of dispute resolution focusing on the clients’ needs to achieve better outcomes.
Ross Mendonca, Head of Estate Planning and Deceased Estates, Culshaw Miller
Ross graduated from the University of Western Australia in 2009 and was admitted to the Supreme Court of Western Australia in 2011. Whilst completing his degree, Ross worked at the Probate Registry as well as the Court of Appeal of the Supreme Court which provided him with an insight and understanding of the Court’s practice and procedure. Following his admission, Ross worked in general commercial law for a number of years before deciding to specialise in his primary practice area of Estate Planning and Deceased Estates. Ross joined Culshaw Miller Lawyers in July 2016 and currently holds the position of Head of Estate Planning. Ross’ practice is balanced between estate planning and deceased estate matters. Ross is a member of the Law Society of WA and its Elder Law and Succession Committee.
Peter Nevin, Partner, Taylor Smart Lawyers & Notaries
Peter Nevin is a Partner in the Commercial Litigation practice group of Taylor Smart Lawyers and Notaries. Admitted to practice in 1995, Peter's areas of expertise are wills and estate disputes, commercial litigation and employment law, with a particular interest in wills and estate litigation. He has acted as Counsel for executors, beneficiaries and claimants in relation to Family Provision Act claims, will disputes, capacity matters, estate administration disputes, and other contentious wills and estate matters, and was named by Doyle's Guide as a recommended wills and estate litigation lawyer in Western Australia in 2016 and 2017. Peter is a full member of the Society of Trust and Estate Practitioners.
Lisa Monaco, Associate Director, Birchstone Tax Law
Lisa’s professional background includes a couple of years of family law practice in regional Western Australia. However, Lisa soon realised that she preferred death over divorce. Since that time, Lisa has specialised in estate planning, and its necessary companion, deceased estates. She routinely works with high net-worth individuals and their family groups to develop their succession strategies
