Wills & Estates Symposium

Succession law is an evolving landscape. Join our thought leaders as they share the latest developments in the realm of estate planning, from pre and post death decisions to understanding gift and loan back arrangements. Level up your skills in wills and trusts drafting to manage unique family needs and protect your clients from the ever-present risk of estate claims. 

Thursday, 7 March 2024
9:55am to 11:05am Navigating Pre and Post-Death Tax Considerations in Estate Planning

In estate planning, understanding pre and post-death tax considerations is paramount. These considerations encompass a wide range of elements and play a crucial role in ensuring the transfer of wealth and assets to beneficiaries. To shed light on this important topic, you will explore various aspects, including:

  • Life interests: examining the tax impact of interests on estates
  • Superannuation: delving into strategies for optimising your client’s superannuation and minimising conflict and tax outcomes
  • Capital Gains Tax: understanding strategies to manage tax implications including capital gains tax on the sale of assets including the family home
  • Family trusts: exploring the transition of family trusts and various consequences when not done properly
  • Division 7A loans: highlighting the impacts of Division 7A loans on the estate and the maze left for executors to navigate

Presented by Neal Dallas, Director, Business Depot Legal; Leading Wills, Estates & Succession Planning Lawyer – Queensland, Doyle’s Guide 2023 and Victoria Mercer, Associate, Business Depot Legal

9:00am to 9:55am Proactive Estate Planning: A Post-Permewan Perspective

In the Supreme Court decision of Re Permewan (No 2) [2022] QSC 114, a gift and loan back arrangement was seen as legally ineffective by the Court. Explore:

  • What is a gift and loan back arrangement and why is it used
  • Understanding the risks associated, including the possibility of such arrangement being considered a sham or conflicting with public policy
  • Mitigating professional risks that solicitors and advisors may encounter

Presented by Bryan Mitchell, Principal, TEP, Mitchells Solicitors; Accredited Specialist in Succession Law; Preeminent Wills, Estates & Succession Planning Lawyer – Queensland, Doyle’s Guide 2023; Leading Wills & Estates Litigation Lawyer – Queensland, Doyle’s Guide 2023

Professional Skills
11:20am to 12:20pm A Strategic Guide to Crafting Effective Wills
  • Dealing with tips and traps in drafting wills and avoiding construction applications
  • Structuring a will effectively
  • Clauses dealing with related entities, loans and non-estate assets
  • Drafting for common income tax, capital gains and duty issue

Presented by Paige Edwards, Senior Associate, McCullough Robertson; Accredited Specialist in Succession Law

Professional Skills
12:20pm to 1:20pm Mastering Trust Drafting: Lessons from Re Roth
  • Key practices for creating robust and well-crafted trusts that align with your clients' intentions
  • Bulletproof the trust drafting process to sidestep typical mistakes and legal pitfalls
  • Practical insights to fortify legal soundness of a trust and ensure successful asset distribution

Presented by Clifford Hughes CTA, Principal, Clifford Hughes & Associates; Accredited Specialist in Taxation Law, Business Law (Qld) and Wills & Estates (Vic); SMSF Specialist Advisor

Professional Skills
2:00pm to 3:00pm Form 10 Step-By-Step: Application for Administration/Guardianship Appointment
  • Requirements under the Guardianship and Administration Act 2000 (Qld)
  • Decisions that can and cannot be made without an application to the QCAT
  • Confidentiality Order and documents preparation for hearing

Presented by Chelsea Baker, Senior Associate, Mullins; Wills, Estates & Succession Planning Law Rising Star – Queensland, Doyle’s Guide 2023

4:15pm to 5:15pm Mutual Wills, Statutory Wills and the Appointment of Independent Administration
  • Delving into the concept of mutual wills, their significance in estate planning, and the potential legal ramifications associated with such wills
  • Legal requirements and procedures for establishing statutory wills and the nuances of interpreting these documents
  • Examining the appointment of independent administrators and their roles and responsibilities in estate management

Presented by James Daly, Managing Associate, Contested Estates, Armstrong Legal

3:00pm to 4:00pm Avoiding the Perils of Poorly Drafted Affidavits in Family Provision Claims
  • Bare essentials and best practice for instituting a family provision claim
  • Materials that should/not form the basis of an affidavit and criteria for selection
  • Considerations of the Court when making an order

Presented by Sean Powell, Partner, Robbins Watson

Description

Attend and earn 7 CPD units including:
4 units in Legal Knowledge
3 units in Professional Skills

This program is based on QLD legislation

Session 1: Estates Planning & Assets Protection

Chair: Darlene Skennar KC, Chancery Barristers; Leading Wills & Estates Litigation Senior Counsel – Queensland, Doyle’s Guide 2023; Recommended Wills & Estates Litigation Senior Counsel – Australia, Doyle’s Guide 2023

11.05am to 11.20am Morning Tea
Session 2: Wills & Estates Disputes & Litigation

Chair: Dr Katrina Kluss, Barrister, More Chambers; Leading Wills & Estates Litigation Junior Counsel – Queensland, Doyle’s Guide 2023

4:00pm to 4:15pm Afternoon Tea

Presenters


Ms. Paige Edwards, Senior Associate, McCullough Robertson
Paige is a Senior Associate in the Estates team, practicing exclusively in the area of succession law since her admission in October 2012. Paige practices primarily in estate planning and structuring for high net worth clients with complex structures as well as for blended families, families with children with special needs or individuals with difficult personal situations. As part of the practice, Paige acts for individuals from diverse backgrounds, professional trustee company organisations, other law firms, charities, government organisations and departments, accountants and financial advisors. Paige is also an integral member of the McR Private team, supporting our family office and private clients.


Mr. Clifford Hughes CTA, Principal, Clifford Hughes & Associates
Regular Bio Clifford Hughes practices as an independent consultant to numerous legal and accounting firms in respect of tax, super, business structuring and succession issues for their own practice structures and also for their clients. He is a Chartered Tax Advisor and a triple Accredited Specialist with the Queensland Law Society & the Law Institute of Victoria. BIO for NDIS WEB236N12Z Clifford Hughes practices as an independent consultant to numerous legal and accounting firms in respect of tax, super, business structuring and succession issues for their own practice structures, and also for their clients. Clifford advises various NDIA providers and participant families around Australia on NDIS issues utilising the personal experience he has as the sole carer for his sister who has been an NDIS participant since inception of the scheme. He is a Chartered Tax Advisor, an SMSF Specialist Advisor™ and a triple Accredited Specialist with the Queensland Law Society & the Law Institute of Victoria.


Mr. James Daly, Managing Associate, Armstrong Legal
James holds a Masters of Applied Law majoring in Wills and Estates from the College of Law as well as a double undergraduate degree from Victoria University in Business and Law. He moved to Brisbane from Victoria in late 2020. James works only in Wills and Estates matters, with a particular focus in Wills and Estates Litigation. He has acted for clients in both family provision and will validity claims, and can also assist clients with proceedings for the interpretation of will clauses.


Mr. Bryan Mitchell, Principal, TEP, Mitchells Solicitors
Bryan Mitchell TEP FTI is the managing director of Mitchells Solicitors. He is an Accredited Specialist in Succession Law. Bryan & his firm are recognised leaders in Estate Planning and Estate Litigation in Australia. His practice works almost exclusively in the areas of Wills, Estates, Trusts & Elder Law. Bryan is a regular presenter. He is the recipient of the Society of Trust & Estate Practitioners (“STEP”) Australia Masters Award 2023; immediate past Chair of STEP Australia; former Chair of STEP Queensland; Deputy Chair for the Queensland Law Society (“QLS”) Succession Law Policy Committee; Deputy Chair of the QLS Succession Law Specialist Accreditation Advisory Committee and member of University of Queensland Law School Advisory Board.


Mr. Sean Powell, Partner, Robbins Watson
Sean leads the Dispute Resolution and Litigation Team at Robbins Watson. Sean specialises in estate disputes and estate administration, with a particular emphasis on contested wills. In line with his Succession Law focus, he has completed a Master of Laws, with a specialisation in Wills and Estates. Sean is a full member of the Society of Trust and Estate Practitioners (STEP), which means he is internationally recognised as an expert in his field, with proven qualifications and experience. Sean has acted in a wide range of contested succession law matters including but not limited to family provision applications (disappointed beneficiary claims), challenges to the validity of wills (testamentary capacity; undue influence; knowledge and approval; fraud; forgery), informal wills (handwritten wills; suicide note wills; unsigned and unwitnessed wills), superannuation and life insurance disputes, appointment and removal of executors and trustees. Having practised extensively in Queensland and New South Wales, Sean is one of the few Queensland solicitors with substantial cross-jurisdictional succession law experience. As a result, he is highly sought after in estate matters involving people and/or assets on different sides of the border.


Mr. Neal Dallas, Director, Business Depot Legal
Neal Dallas is a Director at Business Depot Legal. He has extensive experience advising clients in the areas of superannuation, tax, estate planning and asset protection. He is recognised in the 2023 Edition of Best Lawyers in Australia in the areas of Superannuation Law, Tax Law, Trusts and Estates, and Wealth Management/Succession Planning Practice.


Victoria Mercer, Associate, Business Depot Legal
Victoria Mercer is an associate at Business Depot Legal. She assists private clients and their advisors across a range of estate planning, superannuation and structuring matters with a particular focus on inter vivos wealth transfer, blended families and business structures. Victoria has completed several modules of the Graduate Diploma of Applied Tax course.


Dr. Katrina Kluss, Barrister, More Chambers
Katrina practices predominantly in the areas of estate and trust litigation, insurance and administrative law. She was recognised in the 2019 Doyle’s Guide as recommended junior counsel in the area of estate litigation. Katrina regularly appears in contested applications, trials, mediations and conferences. She is a member of the Society for Trust and Estate Practitioners, the Australian Insurance Lawyers Association and the Australian Society of Legal Philosophy. Katrina also provides pro bono services to Law Right and the Animal Law Institute. Katrina holds degrees in Law (Hons) and Psychological Science, and a PhD in Law. She is presently completing a Master of Applied Law (Wills and Estates) at the College of Law.


Ms. Darlene Skennar KC, Chancery Barristers
Darlene Skennar KC took silk in 2017. She has a Bachelor of Laws (Hons) (QIT) and a Master of Laws (QUT). Darlene was the associate to Justice Moynihan of the Supreme Court. Darlene was a part-time tutor at the Queensland University of Technology for a number of years. Darlene has been in full time practice as a barrister since 1989. Darlene has a wide estate litigation experience. Darlene is a former member of the Pharmacists Board of Queensland and the Surveyors Board of Queensland.


Ms. Chelsea Baker, Senior Associate, Mullins
Chelsea Baker is a Senior Associate in the Wills & Estates Team at Mullins Lawyers. Specialising in complex estate administration and litigation matters, her expertise extends to statutory will applications, complex grants of representation, corporate structures, superannuation, and trusts. Chelsea also acts in guardianship and administration matters before QCAT and has been successful in investigating breaches of duties by attorneys, declarations for capacity in circumstances where capacity is challenged, and the removal and appointment of administrators and guardians. In 2023, Chelsea was recognised as a Rising Star in the Doyle's Guide category of Wills, Estates & Succession Planning – Queensland and is an Affiliate Member of the Society of Trust and Estate Practitioners.

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Wills & Estates Symposium

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All Sessions
Thursday, 7 March 2024
9:00am to 5:15pm Australia/Brisbane
CPD Points 7
$795.00
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Morning Session
Thursday, 7 March 2024
9:00am to 1:20pm Australia/Brisbane
CPD Points 4
$505.00
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Afternoon Session
Thursday, 7 March 2024
2:00pm to 5:15pm Australia/Brisbane
CPD Points 3
$420.00
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Venue
Hilton Brisbane

190 Elizabeth Street, Brisbane City 

Directions

Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.

Nearby Public Transport:

Train Stations - Central Station

Bus Interchange - George Square Bus Station

Parking Information

Parking is not included in your registration. There is valet parking available for AU$58.00. Other parking options:

Secure Parking, Elizabeth Street - Click here for rates
Wilson Parking - Click here for locations and rates