Receive 11 CPD points for the price of 10 with our National Succession Law Bundle! This exclusive offering combines three of our bestselling live online programs, designed to fit seamlessly into your busy schedule. Start with the Advanced Will Drafting Workshop for All Lawyers, where you'll receive step-by-step guidance on navigating complex issues in testamentary trusts, plus learn how to handle international assets, SMSFs, and gifts. Then, earn your mandatory core competency points with Ethics, Professional Skills and Practice Management for Wills and Estates Lawyers. Finish off with a deep dive into testamentary trusts, guided by Paul Evans, a recognized Wills & Estates expert. Gain practical examples, key clauses, and expert strategies that will leave you drafting with confidence.
Description
Attend and earn 11 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Advanced Will Drafting Workshop for All Lawyers
Wednesday, 19 February 2025
This practical workshop will give you the skills to elevate your proficiency in will drafting. It is designed to give you expertise, providing step-by-step guides for navigating complex issues in testamentary trusts. Navigate the entirety of will drafting, including how to deal with international assets, SMSFs and gifts. Your facilitators will guide you through approaches and insights, drawing from case studies, legislation and exemplary clauses.
What past attendees say about Marie and Josephine’s workshops
“Very useful and practical advice on how to draft a will”
“One of the best of its type seminars I have attended”
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
9.00am to 1.15pm Advanced Will Drafting Workshop for All Lawyers
Throughout the course of the workshop, you will work through step-by-step guides for complex will drafting, gaining high level mentorship on:
- In-depth strategies to elevate your drafting
- Example clauses to take away and utilise in your drafting
- Example clauses to avoid & what to do differently
- Case studies into how these concepts play out in practice
In addition, you will examine:
- Various testamentary trusts including discretionary trusts, rights of residence, capital protected trusts, protective trusts, superannuation proceeds trusts and special disability trusts
- Unusual circumstances, instructions and clauses including gifts for pets, gifts of shares in companies, gifts of real property, succession of control of trusts and self-managed superannuation funds
- Overseas assets: How to deal with testators with overseas assets
- The interplay of superannuation and the will
- Your legal professional responsibilities
Facilitated by:
Marie Brownell, Director, Estate Planning and Administration, NSW Trustee and Guardian; Accredited Specialist in Wills and Estates Law; Lecturer, College of Law
Josephine Pignataro, Special Counsel, HWL Ebsworth Lawyers Sydney; Accredited Specialist in Wills and Estates Law; Adjunct Lecturer, College of Law
Presenters
Marie Brownell, Director, Estate Planning and Administration, NSW Trustee and GuardianMarie was admitted as a solicitor in 2004 and became an Accredited Specialist in Wills and Estates law 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 has worked 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 is currently the Director of Estate Planning and Administration at NSW Trustee and Guardian and is responsible for the delivery of estate planning, estate administration, trust administration and attorney services. Marie is also an adjunct lecturer for the College of Law in the Applied Masters of Laws (Wills and Estates) program.
Josephine Pignataro, Special Counsel, HWL Ebsworth Lawyers
Josephine is an Accredited Specialist in Wills & Estates Law, with over 20 years of experience in the area of estates and succession law. Josephine acts for private clients in relation to estate planning, including for individuals and families with relatively simple structures to those with ultra high net wealth. She also acts for individuals and companies on grants of representation and estate administration, and estate litigation. Josephine acted on the first successful statutory Will application in NSW which is reported as Re Fenwick; Application of JR Fenwick [2009] NSWSC 530. A respected estate law practitioner, Josephine is consistently recognised by Doyle’s Guide for Estate Litigation and Estate Planning – NSW. She has a Masters of Laws from the University of New South Wales, is a trained Collaborative Estates Law Practitioner, an adjunct lecturer for the College of Law in the Applied Masters of Laws (Wills and Estates) program and is proficient in Italian.
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Ethics, Professional Skills and Practice Management for Wills and Estates Lawyers
Thursday, 13 March 2025
The session will address risk management for solicitors and clients, focusing on client circumstances, relevant legislation, and considerations when preparing wills and estate planning documents. It will also explore the obligations of lawyers acting as executors, examining potential conflicts of interest and recent case law regarding executorial duties.
Description
Attend and earn 3 CPD units including:
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair
Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist, Wills and Estates Law
4.00pm to 4.15pm Afternoon Tea
Practice Management
4.15pm to 5.15pm Risk Management for Solicitors and Clients
- 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
Ethics & Professional Responsibility
2.00pm to 3.00pm Lawyers Acting as Executors: Conflict or Breach of their Duties
- 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
Professional Skills
3.00pm to 4.00pm Tips & Tricks with Mediation in Estate Litigation: Perspectives from a Mediator and a Solicitor
- 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
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Testamentary Trust Workshop
Wednesday, 26 March 2025
In today's dynamic legal landscape, a basic Will no longer meets the diverse needs of all your clients. Join Paul Evans, a recognised Wills and Estates law expert for this comprehensive workshop, where you will acquire essential insights, real-world examples and clauses, effective strategies, and best practices to ensure your testamentary trust drafting expertise is always correct. Gain a full understanding of various testamentary trusts, tailored to address complex scenarios in blended families and asset protection needs, and beneficiaries facing disabilities or vulnerabilities.
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
9.00am to 1.15pm Testamentary Trust Workshop
Throughout the workshop, you will review example clauses and learn how to avoid pitfalls when drafting testamentary trusts, examining the following:
- Circumstances for including a testamentary trust in the will
- Drafting for the different types of testamentary trusts:
- Special disability trusts
- Life interest trusts
- Superannuation death benefit trusts
- Testamentary discretionary trusts
- Managing tax issues with testamentary trusts
- Excepted Trust Income
- Capital gains tax and land tax
- Non-resident beneficiaries
- Administrative and legal requirements for setting up the trust
- Explore case studies to illustrate when a particular trust may be appropriate for a client's circumstances
- In-depth strategies to elevate your drafting
- Example clauses to take away and utilise in your drafting
- Example clauses to avoid and what to do differently
Presented by Paul Evans, Partner, Makinson d’Apice Lawyers; Accredited Specialist in Wills & Estates Law, Member of STEP; Preeminent Wills, Estates & Succession Planning Lawyers – New South Wales, Doyle’s Guide 2023
What past attendees have said about Paul’s workshops:
“Succinctly provided information in an entertaining way”
“Informative + knowledgeable”
Presenters
Paul Evans, Partner, Makinson d’Apice LawyersPaul is a Partner at Makinson d'Apice and has over 20 years' experience in the area of Private Clients. He is an Accredited Specialist in Wills and Estates Law and is a member of the Society of Trust and Estate Practitioners. Paul is a regular speaker on Wills and Estate Law at Estate Planning, Estate Administration and Superannuation seminars providing continuing legal education for solicitors and other professionals. Paul qualified as a Solicitor in England in 1992 and in NSW in 1994 and has degrees in Arts and Law from the University of Sydney. Paul specialises in wills and estate planning, disputes to wills, protecting assets for future generations and estate administration. Paul lived in London for 18 years and during that time specialised in inheritance tax mitigation. He also acted for charities, including Save the Children Fund and The King Edward's Hospital Fund for London. Before joining Makinson & d'Apice in 2011 Paul worked at National Australia Trustees Limited (part of Nabprivatewealth) where he was Manager Northern States, Estate Planning. Paul is highly experienced in assisting a range of clients including high net worth individuals in transferring and protecting their wealth. He has also helped many clients with a blended family to create solutions to provide for all family members. Paul has been listed in the 2021 Doyles Guide as a Leading Estates Litigation Lawyer and a Preeminent Wills Estates and Succession Planning Lawyer in New South Wales.
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