Join us for these intentionally more pragmatic topics, together we will gather to work together to discuss the following issues –
Non-standard Probate applications
Tricky or unusual assets
POAs and elder abuse
The idea is for us to work together, collect everyone's input and learn from each other. I will put all of the learnings together into a PDF book which will be circulated to all participants after both events have finished up. As with the last CPD I will also prepare a paper ahead of time. This time I will take the old Probate checklist and create a mash up of that information, and screen shots and information from the current system, to hopefully prepare a useful checklist for you in your everyday practice.
The schedule for the in person day is as follows -
9am - Welcome
9:15am - Non-standard Probate applications
Our recent survey showed that 80% of you felt that you didn't know where to put key information into the new system more than half of the time you used this system, so lets work through it together.
What do you do if your Probate application unlocks a different response or drop down within the online system?
What do you do if you have information that you need to disclosure, but you cannot see where it fits?
What do you do if the Affidavit of Executor is not, actually, correct?
This section will include a cruise through a make believe, but non standard Probate application, and questions to all the other lawyers present regarding what they themselves have done in this situation, what has worked, what has not worked.
10:30am - Morning tea
10:50am - Tricky assets
It wasn’t that long ago that an Executor could collect up the post and figure out most of the assets and liabilities. How do we prepare a paper-based Estate when we are dealing with a paperless society, particularly with older testators who didn’t choose to become paperless in the first place?
What if the Executor doesn’t know what the assets are?
What if there is a company?
How do we find out if a tax return is needed, or when the Testator last did a tax return?
What if there is missing superannuation?
How do you find out what shares they had?
We will ask other pragmatic questions like are people using the Australian Death Notification service, does it help? What professionals have they found helpful?
11:30am - POAs and elder abuse
We have increasing awareness of elder abuse in our society, particularly financial abuse and inheritance impatience. How do we help our clients with this? What can we do?
A review of recent cases regarding elder abuse involving allegations against the solicitor
What are the actual, common risks to people preparing these documents? Which risks has the client already thought about, which ones do we need to educate them on?
What is our duty as solicitors to protect our clients from future elder abuse? How do we go about doing that?
Can adding a clause help? Can giving different advice help? What are we actually doing?
Again we will work together, answer these questions together, and learn from everyone in the room regarding what they are doing when they prepare POAs.
12:30pm - 1pm
Lunch and an opportunity to meet and mingle with the other lawyers.
If you have any questions then please reach out to me at janis@janisconsults.com
NSW Estate Lawyers Facebook Group
Did you know about the free Facebook Group? This is a group for NSW Estate Lawyers to discuss things that are particular to practising Estate law in this State. Here are some examples of things we might discuss -
(1) Does anyone have a list of local lawyers for XYZ suburb so I can send out a letter enquiring if they hold a Will?
(2) Does anybody have better contact details for ABC bank?
Of course more recently there is a lot of discussion about pragmatic issues with the new online system. We might also share the occasional post that only other lawyers who practice in this area will appreciate. The idea is to help and support each other, and share information that is helpful.
If you would like to join you can just search for “NSW Estate Lawyers” in groups on Facebook, please make sure that you answer the questions.
