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Elder & Succession Law Conference 2017




Law Society of Tasmania


Wrest Point

Sandy Bay Road Hobart, Tasmania 7000

Registrations Now Open!

Interstate speakers and local experts talk all things 'estate planning and administration - getting it right', at the upcoming annual Elder & Succession Law Conference. 

The impressive lineup of topics to be explored at the conference this year includes:

  • Executor Wars
  • Beneficiaries Behaving Badly
  • Transitioning to a Timeless Practice
  • Gift Gaffes
  • Tax Terrors - Deceased estate taxation for estate practitioners
  • Setting Aside a Grant of Probate (including lessons from Hookway v Hookway [2017] TASFC 4)

Scroll down for session detail. 
Important Notice: This event is being held during the Dark Mofo winter festival. Book accommodation soon to avoid disappointment!


Registration Includes:

  • Attendance at all conference sessions (desk opens 10.30am, T&C on arrival)
  • Lunch and afternoon tea
  • Papers
  • Lucky door 'CPD Assist' prizes including chance to win one night's luxury accommodation for two, proudly sponsored by the Law Society of Tasmania and Stewart Title Limited
  • CPD: 4.5 (E, SL, PS, PM)

Teaching Faculty and Panellists including:

Conference Sessions 

Executor Wars
Lindsay Ellison SC returns this year to Hobart to talk on disputes between executors/trustees.
Topics to be covered will include:

  • Applications to pass over an Executor, or to remove an Executor
  • The statutory and inherent power of the Court to remove and appoint Trustees
  • Disputes involving Appointors of Trusts – a review of recent Australian and UK cases
  • Trust law requirements for Trustee decision making
  • Using the Court’s power to give directions to assist with Trustee disputes
  • Rights of beneficiaries to documents and information

CPD Guide: Substantive Law
Speaker:  Lindsay Ellison SC, Barrister, 16 Wardell Chambers, NSW Bar

Beneficiaries Behaving Badly 
Difficult, obstreperous, and demanding beneficiaries; every trust and estate lawyer has represented them or has represented an executor and/or trustee who had to deal with them. How do we manage them?  How do we balance our duty to act with zeal in advocacy on the client’s behalf with our duties of professionalism?

In this session, the presenters will consider:
• Representing executors / trustees – ethical and professional conduct matters
• When good executors / trustees go bad
• Dealing with difficult beneficiaries
• Representing disgruntled beneficiaries – ethical and professional conduct matters
• Conflicts of interest and other sticky possibilities – representing both the beneficiaries and the executor/trustee; and representing multiple beneficiaries
• The lawyer as the executor / trustee
• Where to turn for guidance

This session will examine some practical case studies and scenarios; offering perspectives in both non-contentious and dispute resolution work as well as perspectives from the Legal Profession Board of Tasmania.   

CPD Guide:  Ethics, Professional Conduct
Speakers: Justin Otlowski, Consultant, Simmons Wolfhagen, Rebecca Reid, Partner, Murdoch Clarke and Emily Warner, Legal Profession Board of Tasmania

Transitioning to a Timeless Practice
If we wish to be sustainably successful and relevant as a profession in the future, I believe law firms have to completely move away from the Oldlaw business model which leverages 'people x time x hourly rate'. Otherwise as a profession we run the real risk of not being able to properly and professionally serve our clients, our team members and ourselves”. John Chisholm.

Value based pricing: learn why and how we have to become more strategic and sophisticated with the way we price our services and products - and in particular how to move away from pricing solely by time.

CPD Guide:  Practice Management
Speaker: John Chisholm, Director, Chisholm Consulting

Gift Gaffes
Using practical examples, this session will explore issues surrounding gifting and more particularly where things can go wrong, even for the most experienced of practitioners.  An opportunity for discussion will follow inviting practitioners to ask questions and share war stories.

CPD Guide:  Professional Skills, Substantive Law
Speaker:  Bridget Rheinberger, Director, Tremayne Fay Rheinberger Lawyers

Tax Terrors 
Deceased estate taxation for estate practitioners

Estate taxation can be complex and, unfortunately, is not widely understood by many tax agents. It is critical, therefore, that legal practitioners advising on estate administration are able to identify and resolve important taxation issues as they arise.

This presentation will address a number of fundamental estate taxation issues such as capital gains tax, superannuation proceeds, the concept of present entitlement and executors’ personal liability for income tax after distribution of the residue of the estate and answer key questions about the tax responsibilities of executors and when a tax return is required.

A copy of Ian Raspin’s latest book Taxation of Deceased Estates for Estate Practitioners will be available to all attendees.

CPD Guide:  Professional Skills
Speaker:  Ian Raspin, Director, BNR Partners

Setting Aside a Grant of Probate

  • Evidence required to prove (or disprove) testamentary capacity
  • Evidence required to prove (or disprove) knowledge and approval of a Will
  • The shifting onus of proof
  • Tips for drafting affidavits
  • Strategies for cross examination
  • Lessons from Hookway v Hookway [2017] TASFC 4 (7 April 2017)

CPD Guide:  Substantive Law, Professional Skills
Speakers: Shaun McElwaine SC, Principal, Shaun McElwaine & Associates
                   Chris Groves, Principal, Dobson Mitchell Allport 



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