THE SECOND ANNUAL BLENDED

Transcription

1 THE SECOND ANNUAL BLENDED FAMILIES SYMPOSIUM A two-day symposium organised by Television Education Network Pty Ltd and sponsored by The Lawyers Education Channel Palazzo Versace, Gold Coast Thursday 12th & Friday 13th November 2015 Estate planning avoiding disputes after death Succession planning for the family business Real estate and blended families Tying down a blended family with a BFA The successful modern blended family will How EPOAs should be structured in blended families Super death benefits and blended families Blended family dynamics and the estate plan Family provision claims Family trusts control and asset protection The aged care/new partner dilemma Adult sleepovers, mistresses and virtual relationships Who is your child? Television Education Network The professional development specialists

2 DAY 1 THURSDAY 12TH NOV 2015 MORNING THEME: SECURING THE BLENDED FAMILY ESTATE am Introduction and welcome am Session 1: Blended Family Estate Planning: How to Avoid Disputes after Death Blended families face a range of challenges, practically and legally. Superannuation, estate planning and family law disputes can be avoided with proper planning and strategic decision-making. This presentation covers: The family conference model and family agreements Setting agendas Managing the interests of children from first and subsequent marriages Dealing with minors in blended families Implementing family agreements Reviewing agreements Alternative dispute resolution techniques including mediation and arbitration Speaker: Rob Jeremiah, Principal, Sladen Legal, Melbourne am Panel Comments and Questions am Session 2: Does my Business Need a Will? Succession Planning for the Family Business Family business succession planning is complicated enough when there is one set of children. Things become much more complex when there is a blended family involved. This presentation covers: Business succession planning what is the best structure and how will control pass to the next generation? Directorship and shareholder control Getting the documents right POA, trustee selection, company constitution What to do when everything goes wrong remedies Tax consequences of changing succession plans Recent cases The Rinehart decision explained Speaker: Stephen Grant, Director, Merthyr Law, Brisbane am Panel Comments and Questions am Networking Break and Morning Tea am pm Session 3: We own it jointly Real Estate and Blended Families This presentation looks at the nuts and bolts of asset ownership in blended families, in particular real estate. Whether you own your home as joint tenant or tenants in common has important legal implications when it comes to estate planning for blended families. This presentation covers: Joint tenants v tenants in common what is the difference and why does it matter for blended families? When will property form part of the asset pool? Failure to sever joint tenancy: NSW notional estate rules Transferring existing assets stamp duty and CGT consequences Gifting shares in property to a beneficiary practical implications The use of mutual wills as an estate planning tool for blended families Life interests when will they be appropriate? Speaker: Jennifer McMillan, Practice Leader, Wills & Estates, College of Law, Sydney pm Panel Comments and Questions pm Session 4: Tying Down a Blended Family with a Binding Financial Agreement Binding financial agreements can be executed before, during or at the dissolution of a relationship. For blended families, pre-nuptial BFAs can help protect the financial interests of children from a first marriage. This presentation will examine: The uses and limits of a pre-nup BFA What you can do to ensure your BFA takes effect The impact of a failure to disclose a change of circumstances on a BFA Alternatives to securing your client s rights capital reserved trusts Avoiding a professional indemnity claim Speaker: Stephen Bourke, Director, Certus Law, Canberra pm Panel Comments and Questions pm Luncheon

3 AFTERNOON THEME: WILLS, EPOAs & SUPER IN BLENDED FAMILIES pm Session 5: Double, Double Toil and Trouble: Blending the Ingredients for a Successful Modern Blended Family Will Making a good will which is not susceptible to challenge and actually does what your client wants is never easy. Add a parade of former and current partners and children, not to mention step-children, and family provision claims seem almost inevitable. This presentation deals with ways of managing the risks, and covers: Drafting a blended family will avoiding common construction errors Executor and trustee selection in blended families accountability and potential conflicts of interest The interaction between the will, super and insurance and in a blended family environment Mutual wills: are they worth the candle? Minimising the risk of family provision claims in blended families Speaker: Angela Cornford-Scott, Director, Cornford-Scott Lawyers, Brisbane pm Panel Comments and Questions pm Session 7: Where Did It Go? Superannuation, Death Benefits and Blended Families Directing superannuation death benefits is integral to successful estate planning, especially for parents in blended families. This presentation will walk you through a series of case studies to examine how superannuation arrangements can be made to give effect to your client s intentions. It covers: The will and super what can be achieved in blended family situations Binding death benefit nominations in blended families control, distribution, pros and cons and what happens if you don t have one The effect of loss of capacity on control of the fund who should take over in blended families? Death benefits in blended families and self-managed super funds Death benefits in blended families and retail and industry super funds Superannuation agreements are they a realistic solution? Speaker: Scott Hay-Bartlem, Partner, Cooper Grace Ward, Brisbane pm Panel Comments and Questions pm Session 6: The Enduring Power of Attorney in the Blended Family It might seem simple give it to the children of the first marriage, but the holder of the power can do some extraordinary things, as cases like Stanford show. This presentation will examine how EPOAs should be structured in blended families: What an attorney can do: divorce, property orders, BDBNs, wills, dispositions of property, refundable deposits, change trust deeds, act as trustee director, change appointors? What an attorney can t do conflict transactions Appointing the attorney in blended family situations: One or more than one? Who? If more than one jointly or severally Inserting provisions to deal with essential conflict transactions What restrictions should you insert? Speaker: Robert Monahan, Principal, Monahan Estate Planning, Sydney pm Panel Comments and Questions pm Networking Break and Afternoon Tea

4 DAY 2 FRIDAY 13TH NOV 2015 MORNING THEME: DISPUTES AND HOW TO AVOID THEM am Session 8: Blended Family Dynamics as They Affect the Estate Plan Families tend to fight, especially blended families. So anything the estate planner can do to minimize the potential for disagreement... but what can be done? This presentation discusses some important practical steps, including: One trust does not fit all when should you segment capital? Discretions are the fuel of family disputes what to do about the family trust? What will beneficiaries do if they have the power take the money and run? The testamentary discretionary trust same problem? Addressing the problem of control: meaningful decision making while avoiding the power of one Looking at your client, looking at other family members character, business and investment skills etc. Tailoring the plan to the blended family and its members Speaker: Bernie O Sullivan, Principal, Bernie O Sullivan Lawyers, Melbourne am Panel Comments and Questions am Session 9: I was depending on you! : Family Provision Claims in Blended Families Family provision claims are becoming increasingly common, particularly when blended families are involved. This presentation will help you understand who can make a claim and what you can do to avoid it. It covers: Family provision claims what are they? Formal requirements in bringing a claim the application process Who can claim and why does it matter? Former spouses, children, step children, grandchildren and estranged children a state by state comparison When will a testator have a moral duty to provide for step children? Resolving family provision claims through mediation Speaker: John Armfield, Barrister, Second Floor Wentworth Chambers, Sydney am Panel Comments and Questions am Networking Break and Morning Tea am Session 10: Family Trusts and the Blended Family What special elements does the family trust require where the prime mover is a member of a blended family? Control and asset protection become even more important than normal in blended family situations. This presentation explores: Capitalisation of trust loans vs contributions to corpus Trust housekeeping blended families tidying up credit and debit loans What happens when things go wrong: Clark v Inglis The corporate beneficiary: control after death and dealing with the UPEs Control of the trust after death Production of documents and access to information What orders can the court make? Financial resources Inadvertent inclusion of new beneficiaries Speaker: Matthew Burgess, Director, View Legal, Brisbane am am Panel Comments and Questions pm Session 11: The Aged Care/New Partner Dilemma A Spanner in the Works? Remarrying or co-partnering as an elderly couple has its challenges. What do you do when your client s new partner has less money than your client and needs to move into an aged care facility? Does your client pay the bond and leave the adult children with less of an inheritance? Understanding the consequences of your client s actions can help you plan for the blended family s needs. This presentation covers: Moving into aged care traps for blended families Understanding the refundable deposit system What if the refundable deposit is provided by a third party eg a child? Living together in aged care position of the survivor vis a vis first marriage children Repartnering while in aged care implications for the blended family estate plan Speaker: Brian Herd, Senior Partner, CRH Law, Brisbane pm pm Panel Comments and Questions pm Lunch

5 AFTERNOON THEME: RELATIONSHIPS pm Session 12: Adult Sleepovers, Mistresses and Virtual Relationships Who is a De Facto? While the traditional blended family involves a couple with children from prior relationships coming together to form a new family, modern relationships are giving rise to new and unusual pairings. Are they de facto relationships? This presentation will provide some of the answers: What is a de facto relationship, when will one exist and when will it start? When will simultaneous, virtual (internet-based) and surrogate mother relationships equal a de facto relationship? Older couple relationships same sex, cohabitation without sexual relationship, looking after each other to avoid aged care Key factors length of relationship, public aspect, property co-ownership, co-habitation, interdependency etc. The definition of de facto relationship in family law, tax law, succession law and superannuation law how they differ Speaker: Cathie Blanchfield, Partner, Blanchfield Nicholls Partners, Sydney pm Session 13: Who Is Your Child? Reproductive Technology, Surrogacy, Same-Sex Parenting and Blended Families This presentation explores the legal rights and common practical issues flowing from the parentchild relationships. It covers the relationships which may arise in blended family situations including biological children, step-children, adopted children, foster children and children resulting from surrogacy or reproductive technology. It covers: The meaning of child how modern relationships are stretching it in new directions When are these parent-child relationships recognized in which contexts? What are your client s legal obligations to provide for their child when they die? Which children have a right to super? Which children can bring a family provision claim? Which children are entitled to child support? Who are children under tax law? Speaker: Speaker: Paul Boers, Principal, Boers Associates, Melbourne pm Panel Comments and Questions 3.00 pm Conference Close pm Panel Comments and Questions

6 GENERAL INFORMATION Conference Registration Fee The registration fee includes attendance at the conference, conference papers, refreshment breaks and lunch on both conference days. The registration fee does not include any travel or accommodation. Delegates are advised to make their own travel arrangements. CPD Units/Points Lawyers except WA: 7 units substantive law WA Lawyers: 6 points substantive law (TEN is an accredited QA provider for WA) The Conference Venue Palazzo Versace Gold Coast, Sea World Drive, Main Beach The Palazzo Versace is located in Main Beach in the heart of the Gold Coast, Queensland. Conference Delegate Rate at Palazzo Versace Television Education Network has negotiated a special conference delegate rate with Palazzo Versace: Superior Room (for single or twin share) (this room rate includes a buffet breakfast for 1 person) $279 (GST incl.) This rate is strictly subject to availability. Delegates are advised to make their own accommodation arrangements directly with Palazzo Versace. Hotel Reservations: Phone: (toll free) Phone: (07) Fax: (07) reservations@palazzoversace.com Website: Other Accommodation Delegates are advised to make their own accommodation arrangements. In addition to the Palazzo Versace, there are numerous apartments/resorts in and around Main Beach from which to choose. Below is a list of accommodation in easy walking distance of the Palazzo Versace. Sheraton Mirage Resort & Spa Gold Coast (07) Golden Sands on the Beach (07) Norfolk Beachfront Apartments (07) Sea World Resort (07) Television Education Network has not negotiated rates with any of the above venues. They are listed for your convenience and are a small sample of the many accommodation options in Main Beach from which to choose. Travelling to the Conference Venue Delegates are advised to make their own travel arrangements. The Gold Coast is easily accessed via Coolangatta Airport - 20 kms away and Brisbane Airport is an easy 1 hour drive. There are also rail and coach services from Brisbane into the Gold Coast. Conference Dress Smart casual attire is suitable. (note: the temperature in the conference room varies depending on where you are sitting. Short sleeves/summer tops are generally OK, but it is advisable that you bring a jacket/long sleeved top in case you need it.) Cancellation Policy Cancellations must be received in writing at least 10 days prior to the Conference for a 85% refund. Substitute delegates accepted at any time. Conference Terms Program subject to change without notice. The information and views presented in the conference are not necessarily those of TEN and participants rely on these at their own risk. TEN is not responsible for any financial or other losses incurred by delegates or for injury or damage to persons or property. TEN s maximum liability for conference cancellation or any other loss or liability is the refund of the registration fee paid. TEN is not responsible for financial loss incurred by you as a result of the cancellation or postponement of the conference as a result of strikes, natural disasters, and other Acts of God such as volcanic ash clouds in Australian airspace. We therefore strongly advise you to take out travel insurance if your attendance plans involve air travel or other significant travel to the conference venue Television Education Network Pty Ltd. All rights reserved. The program for this conference is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.

7 REGISTRATION FORM TAX INVOICE* Registration is simple; complete the form below and fax or post your registration to us or register online. Television Education Network Pty Ltd, (ABN ) GPO Box 61, Melbourne, Victoria 3001 Fax (03) Phone (03) Enquiries Jenna Pickrell Register online: go to CONFERENCES Please register me for the 2nd Annual Blended Families Conference a 2-day conference to be held on the Gold Coast on 12th & 13th November 2015 [conf code: GBFNOV15]. [ ] Early Bird Registration for registrations made on or before 18th September 2015 $1650 ($ $150 GST) [ ] Full Price Registration $1925 ($ $175 GST) [ ] Subscriber First Discount Registration I am a Subscriber First member and entitled to a 10% discount off the full registration fee $ ($ $ GST) [ ] I cannot attend the conference, but wish to purchase the conference papers (A4 coil-bound $198 ($180 + $18 GST) (Code: PGBFNOV15) [note: the papers will not be available for dispatch until approx. 2 weeks after the conference has been held]. PERSONAL DETAILS Mr/Mrs/Miss/Ms First Name... Middle Init...Last Name... Preferred Name for nametag (if different from above)... Position... Firm Name Postal Address... Phone... Fax... PAYMENT I enclose cheque for $... payable to Television Education Network Pty Ltd Visa Bankcard American Express Mastercard Name on Card... Expiry Date.../... Cardholder s Signature:... * Note: This form will be a Tax Invoice for GST when you make a payment.