This session was recorded on 12 March 2024 as part of the Elder law, wills and probate: One day intensive – live webinar.

Join this full day intensive program specifically tailored to elder law, wills and estate planning practitioners. Experts specialising in this area will cover many of the thorny issues that you might face in your day-to-day practice. You will leave the day with knowledge of the most current laws and cases and an expanded skill set for driving the continued growth and success of your practice.  

Topics include: 

Wills and superannuation benefits: tax implications and other issues – Mimi Su, Principal, Matthews Folbigg Lawyers

In this session Mimi Su will examine complex issues surrounding superannuation benefits in wills and estates matters. 

Conflicts of interest in elder law, wills and probate matters – Linden Barnes, Senior Ethics Solicitor, Professional Support Unit, Law Society of NSW 

In this session Linden Barnes will consider ethical scenarios relating to conflicts of interest that are of relevance to elder law, wills and probate practitioners. 

Estate planning for blended families – Paul Evans, Partner, Makinson d’Apice Lawyers

Blended families, where one or both spouses have children from a prior relationship are today increasingly common. Inevitably, with a blended family situation, there will be a multitude of competing needs and obligations. Skillful estate planning can address those needs and obligations and as far as possible keep conflict within the family to a minimum. 

The presentation will examine types of blended families, provide an understanding of how to tackle your clients' objectives, and the potential for family provision claims. It will also cover possible strategies to include: 

• Outright gifts
•  Mutual wills contracts 
•  Life interests and rights to reside 
•  Superannuation and family trusts 

Give me a sign: a case law update on informal wills – Jennifer Vuu, Senior Associate, HWL Ebsworth Lawyers 

This session will cover: 

• What constitutes an informal will 
• The power of the Court to dispense with the formal requirements for wills 
•  The rise of online documents and other emerging trends in the digital age 
• Practical tips and tricks 

Confidentiality considerations in elder law, estate planning and estate litigation matters – Isabel McLelland, Senior Associate, Teece Hodgson & Ward Solicitors 

The ins and outs of testamentary trusts – Stephen Lynch, Director, Sommerville Legal

Testamentary trusts are an invaluable estate planning tool, but it is critical that you get them right. This session will cover all the dos and don'ts of testamentary trusts, including: 

• The pros and cons of testamentary trusts 
•  The best way to incorporate testamentary trusts into a will 
•  Capacity and ‘knowledge and approval’ issues Income tax, stamp duty and CGT
•  Common pitfalls including variation clauses, changes in trustee and the foreign person rules 

This session was recorded on 24 February 2023 as part of the NSW revenue law: One day intensive – live webinar.

This course will comprise six sessions.

Click here to view the full program

Topics covered:

New South Wales Revenue Law: the Big Picture – Commissioner Cullen Smythe, Commissioner of State Revenue, Revenue NSW

Commissioner Smythe will give the keynote presentation, considering:

• the NSW State tax ecosystem in context – how do the pieces fit together?
• specific taxes and tax policy from the perspective of “why”?; and
• the 2022 changes to the Taxation Administration Act 1996 (NSW) and Duties Act 1997 (NSW), using examples to address the policy underpinnings and practical consequences of the amendments. 

Ethical scenarios in litigation – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW

In this session Paul will walk you through ethical considerations relating to your duties and obligations in the following areas:

• the regulatory environment;
• dealing with the client;
• dealing with the Court;
• dealing with solicitors; and
• dealing with other parties.

Beware to declare: NSW duty traps on Acknowledgement of Trust – Lisa To, Partner, Bartier Perry Lawyers

This session will cover:

• Revenue Ruling DUT031 v2 “Declaration of Trust in Agreement For Sale” effective as of 19 May 2022 (published on Revenue NSW’s website in January 2023);
• background to the legislative change under section 8AA introduced into the Duties Act 1997 (NSW) including imposition of duty on an acknowledgement of trust; and
• traps and practical implications of duties legislation for declaration or trust and acknowledgement of trust, the decision in Chief Commissioner of State Revenue v Benidorm Pty Ltd [2020] NSWCA 285 and additional care to be taken by advisers.

Surcharge purchaser duty and land tax – Andrew Rider, Barrister, Level 22 Chambers

This session will provide a structured framework for understanding surcharge purchaser duty, land tax compliance obligations and responding to compliance queries, including:

• getting due diligence right from the start;
• key traps to watch out for; and
• what to do if your clients receive a foreign surcharge Notice of Investigation. 

Costs assessment – Joe Rose, Principal solicitor, Rose Legal Costing

This session will focus on:

• the essential rules and principles that legal practitioners should know in respect of costs;
• typical pitfalls in preparing costs;

• costs disclosure;
• basic costs principles;
• best practice in time recording;
• methods to determine the gap between what your client has paid and what you can recover from the other side; and
• recent costs determinations.

Statutory interpretation for revenue lawyers – Igor Mescher, Barrister and Lecturer, University of New England

This session will cover:

• principles of statutory interpretation;
• a general approach to interpretation of taxing provisions; and
• court interpretation of: 
  • contestability and arbitrariness of taxes;  
  • retrospectivity and taxation legislation;
  • tax avoidance schemes; and
  • exemption, exception, objection and review provisions.