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