Bryan Mitchell TEP FTI is the managing director of Mitchells Solicitors. He is an Accredited Specialist in Succession Law. Bryan & his firm are recognised in Doyle’s Guide as leaders in Estate Planning and Estate Litigation in Australia. His practice works almost exclusively in the areas of Wills, Estates, Trusts & Elder Law. Bryan is a regular presenter. He is the recipient of the Society of Trust & Estates (“STEP”) Australia Masters Award 2023; immediate past Chair of STEP Australia; former Chair of STEP Queensland; Deputy Chair for the Queensland Law Society (“QLS”) Succession Law Policy Committee; Deputy Chair of the QLS Succession Law Specialist Accreditation Advisory Committee and member of University of Queensland Law School Advisory Board.
Recorded Webinar: Anoint and Appoint: Key Clauses in Testamentary Trust Deeds
Date/Time
About the Webinar
The most important role in a trust arrangement is that of the appointor. The choice of an appointor is the first significant decision that needs to be made, with other considerations following. This session will examine why practitioners and their clients need to give serious consideration to the selection and powers of an appointor and the consequences of getting things wrong, including:
- Does a trust need to have an appointor?
- What qualities does the appointor need to possess?
- What powers does an appointor need to properly discharge their duties?
- What happens if the appointor dies or becomes incapable of acting? How should the role pass?
- What mechanisms need to be in the trust deed to change the appointor or trustee?
- When should an appointor remove a trustee?
- Can an appointor be personally liable?
- Drafting tips for trust deed appointments and variations
- Recent cases including Cardaci v Filippo Primo Cardaci as executor of the estate of Marco Antonio Cardaci [2021] WASC 331; Re Owies Family Trust [2020] VSC 716; Edwards Anor v Brougham [2022] SASC 8
Presented By
Bryan Mitchell
Principal, Mitchells Solicitors Brisbane, QLDWho Should Attend?
This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.
CPD Information
Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.
WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.
Enquiries/Assistance
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]