|
Main menu: Click here to return to the main Intensive Conference menu. |
Elder Law stream, Tuesday 7 March 2023
- 1.30pm: Ethics in estate proceedings
- 2.30pm: Recent updates in elder law and enduring power of attorney
- 4pm: Tax implications for testamentary trusts
Ethics in estate proceedings
1.30pm, Tuesday 7 March 2023 | 1 CPD point in core area 1
In this presentation, Danny Moujalli will discuss several aspects of lawyers’ ethical and professional obligations in estate matters. Issues to be covered include assessing capacity when preparing a will, and difficulties arising when there is a challenge to the testator’s testamentary capacity; the need to manage and monitor costs in estate litigation; and in respect of family provision claims, the cost risks of making unmeritorious claims, the role of the Court in making orders to give effect to a settlement, and the duties to the Court of executors and their lawyers when the Court gives effect to a settlement.
Some aspects of lawyers’ ethical and professional obligations in estate matters, Danny Moujalli
Danny Moujalli, Barrister, Burley Griffin Chambers
Danny Moujalli has been a litigation lawyer for almost 25 years. He came to the bar in 2007 and practises in NSW and the ACT. He has a diverse practice including matters relating to wills & estates, trusts/equity, property, competition and consumer law and professional discipline. In addition to his practice as a barrister, he is a part-time Senior Member of NCAT and an Adjunct Lecturer with the College of Law. He is passionate about sharing legal knowledge and experience with members of the profession. To this end, he has written and presented on a number of topics relating to litigation, including ethical obligations of lawyers, expert evidence, client legal privilege and legal research.
Recent updates in elder law and enduring power of attorney
2.30pm, Tuesday 7 March 2023 | 1 CPD point in core area 4
This session will focus on the top ten changes in estates law and practice within the last 12 months, including recent ACT legislative changes to the Powers of Attorney Act 2006, the Administration and Probate Act 1929, and the ACT Civil and Administrative Tribunal Act 2008.
Gregory Burn, Deputy Public Trustee and Guardian of the ACT
Gregory Burn is a Deputy Public Trustee and Guardian of the ACT, and Senior Director of the Public Trustee and Guardian’s Wills, Deceased Estates and Trusts unit. A lawyer of over 30 years’ experience, Gregory operated a private legal practice in Sydney for over 20 years before joining the NSW Trustee and Guardian. Now at the Public Trustee and Guardian (PTG), Gregory is responsible for PTG’s administration of over 600 trusts with capital exceeding 180 million dollars, over 150 deceased estates with capital exceeding 150 million dollars and all assets restrained or forfeited to the Territory under the confiscation of criminal assets regime. Gregory is a member of the Legal Aid Review Committee, the ACT Law Society Elder Law & Succession Law Committee and the Society’s Pro Bono Assessment Panel. Gregory was the recipient of the ACT Law Society Government Law Award in 2021.
Tax implications for testamentary trusts
4pm, Tuesday 7 March 2023 | 1 CPD point in core area 4
When drafting a testamentary trust, you need to be aware of the tax implications so you can advise your clients accordingly. Vik Sundar, Law Society Treasurer and tax and estate planning expert, will share his tips on the tax benefits of long term versus short term trusts, the considerations required when foreign persons are involved, and guidance on loans impacted by Section 100A on the Income Tax Assessment Act.
Vik Sundar, Managing Director, Clear Law
Vik Sundar is the managing director of Clear Law, a boutique commercial, tax and estate planning law firm. He is a leading private wealth lawyer specialising in estate planning, SMSFs, asset protection, commercial and tax law. He was admitted to practice in 2010 and has held numerous roles including in the public service, in-house, and private practice. Prior to working at Clear Law, Vik was the Managing Director of a multi-city law firm. Other roles that Vik has held include working as a solicitor and manager at NAB Private Wealth and at the Australian Taxation Office.
|
Main menu: Click here to return to the main Intensive Conference menu. |
