Recorded Webinar: 3 CPD Compulsory Topics for Succession Lawyers

This webinar comprises 3 one-hour sessions covering each of the compulsory CPD subjects for succession lawyers for the CPD year ending 31 March 2020. This is a national webinar and is suitable for succession lawyers Australia wide.

Session 1: Ethics: Will Drafting: Drafting with Ethics in Mind

As a practitioner there are occasions when the client provides unethical instructions. The client may also create an ethics dilemmas in the nature of dispositions proposed for wills. This session is designed to address ethical will making in all its dimensions, including:

• Ethical challenges in obtaining instructions on wills – dealing with pushy beneficiaries

• When client’s testamentary wishes appear improper or impractical – How to respond

• Responding to beneficiary fraud or misrepresentation when drafting

• Addressing the risk of challenge to a will when drafting – what to advise client

• When choosing an executor – extent of practitioner obligation

• Obtaining instructions from elderly clients – ethical issues in determining capacity

• When should you include explanatory statements in wills?

• Case study - Should solicitors act as executors? The ethical challenges of wearing ‘two hats’

Session 2: Professional Skills: A Battle of Wills - Using ADR in Succession Law Matters

Use of alternative dispute resolution in succession matters makes sense, especially for smaller estate. This session looks at the key skills required to run a successful ADR, including:

• Use of alternative dispute resolution in succession matters – an overview

• Family provision – Use of judicial settlement conferences

• Preparing the client

• Cost issues

• Conducting the conference – essential dos and don’ts

• Exchanging offers – what not to do at crucial moments

• Case study – examples of successful alternate dispute resolution

Session 3: Practice Management Business Skills: Managing Money in Your Succession Law Practice

Succession law practice requires careful trust account money management over the longer term. This involves planning and effective management systems to make things work. This session looks at the key issues, including:

• Deceased estate trust account management – a risk management checklist

• Authorized journal entries and narrations to explain actions

• Best practice supervision of trust accounts for succession matters

• Dealing with long standing credit balances

• Documenting your trust account succession matters

• Long running trust account management – steps in place for money in trust account

• Reporting to clients about funds in trust – essential do’s and don’ts

• The importance of annual reports for client with continuing balances

• Bespoke billing for succession matters – hard wiring openness and transparency

• Checklist for trust account management on succession matters

• Case study –checklist for efficient trust account management succession matters