Session 1: Professional Skills

Negotiating and Drafting Terms of Settlement in Wills and Estate Matters

Negotiating and settling wills and estate disputes require refined skills. This session looks at what these are, with practical advice on implementation. It includes:

• Understanding the timing of negotiations and its practical effects
• Process and procedure in disclosing financials
• Determining the property pool
• Having some bargaining power whilst maintaining ethics and fairness
• Knowing when to reach the settlement middle ground
• Construction of terms of settlement - what to put in and what to leave out
• How to ensure terms of settlement are binding
• Case study - a settlement agreement checklist

Session 2: Practice Management & Business Skills

Cyber Security: Managing Cyber Risk and Control in Your Succession Law Practice

No one wants to be the target of a cyber security attack. However, lawyers are particularly vulnerable and every succession lawyer has a professional obligation to be cyber safe. This session examines the key issues, and the unique risks succession lawyers face, including:

• Understanding your cyber security risk
• Has COVID-19 changed the risk profile?
• Common threats explained and what practitioners should do to avoid a cyber attack when working from home
• Warning clients about cyber security risks
• Key cyber security checklists from an individual and firm audit perspective
• Consequences of a successful cyber-attack or data breach
• Case studies

Session 3:  Ethics

Practitioner Liability in Wills and Estate Matters - A Precautionary Approach

This session examines some precautionary risk management tips for wills and estate practitioners to ensure they satisfy their ethical and professional obligations. It includes:

• Liability of practitioner in wills and estate matters - an overview
• Timeliness, prompt attention and file notes on will and estate matters
• The lawyer’s duty in drafting wills:
  • To whom is it owed?
  • How and when do the ethical challenges arise?
  • Recognising and managing conflicts of interest
• Liability to persons who do not receive an intended benefit under a will
• Right of disappointed beneficiary to recover damages
• Are there any limitations on the practitioner duty of care?
• Ethical and professional risks in not clearly following client or court’s instruction
• Case update

Christian Teese, Special Counsel, Rigby Cooke Lawyers, Melbourne

Christian has specialised practice expertise in Wills & Estates and Trust litigation with nearly 10 years of experience.

Christian has significant experience acting for independent administrators and trustees in relation to Estate and Trust administration issues, as well as for claimants pursuing claims in relation to a diverse range of Wills, Estates and Trusts issues. He also has particular experience advising not-for-profit entities.

Christian has earned recognition for taking a cost-effective and sensible approach to litigation and has significant experience in disputes concerning legal costs. In 2021, Christian was ranked by Doyle’s Guide as a Rising Star in its Wills & Estates rankings for Victoria.

John MacPhail, Partner, Lynch Meyer Lawyers, Adelaide

John MacPhail is an Adelaide based commercial lawyer with 30 years’ experience in advising and assisting a wide range of clients in intellectual property, privacy, IT and telecommunications, internet and social media law, franchising, trade practices, and consumer and competition law. He has acted for clients in a number of industries including schools (on privacy issues and various commercial matters), universities and further education institutions.

He has worked with firms in London, Sydney, Melbourne and Adelaide. John taught copyright and designs law and practice at post-graduate level at UTS in Sydney, he is a past President of the Copyright Society of Australia and a member of the IPSANZ (Intellectual Property Society of Aus. and NZ).

Warwick Gilbertson, Partner, Turnbull Hill Lawyers, Newcastle

Warwick is the Partner in charge of Wills & Estates and Family Law at Turnbull Hill Lawyers.

With a career spanning more than 45 years, Warwick has become a sought-after advisor regarding Wills, Powers of Attorney, Guardianship, Trusts, Companies, Superannuation Funds, Business entities and the claims that can be made upon them.

He has extensive experience in contested wills and estate cases in the Equity and Probate Divisions of the Supreme Court. He is an Accredited Specialist in Family Law, a member of the Taxation Institute of Australia and a Trust and Estate Practitioner (TEP), a specialist designation given to him by STEP – the worldwide professional association for those advising families across generations. He is one of a handful of TEPs in the wider Hunter Region.

Turnbull Hill has been listed in Doyle’s Guide as Leading Law Firm :Wills and Estate Litigation 2018 to 2021(NSW) and  Leading Law Firm : Wills, Estates and Succession Planning 2021 (NSW)

This webinar is suitable for succession lawyers - Australia wide and it has been designed to deliver the 3 compulsory subject CPD units for the CPD year ending 31st March 2022.

Lawyers can claim 3 CPD units – 1 unit each for Ethics, Practice Management & Business Skills and Professional Skills.

WA lawyers – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.