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Recorded Webinars

Recorded Webinar: Who’s in Charge When Capacity Fades? Planning for Entity Control in the Estate

Succession planning has traditionally focused on death - but with clients living longer and holding increasingly complex structures, the real risk may lie in what happens when capacity is lost. For high-net-worth individuals and business owners, incapacity can trigger legal, gover

Date/Time

About the Webinar

Succession planning has traditionally focused on death - but with clients living longer and holding increasingly complex structures, the real risk may lie in what happens when capacity is lost. For high-net-worth individuals and business owners, incapacity can trigger legal, governance, and compliance issues across trusts, companies, and SMSFs - often with serious consequences if not planned for. This practical session will help succession lawyers identify the hidden risks and structure effective contingency plans, including:

  • What can go wrong when there’s no incapacity planning in place for related entities - from operational paralysis to breaches of fiduciary duty and regulatory non-compliance
  • How to proactively plan for loss of capacity - including the strengths and limits of enduring powers of attorney, strategic appointments, and entity-specific provisions in trust deeds and constitutions
  • Special considerations for self-managed superannuation funds - including what happens when a member-trustee loses capacity, who can step in, and how to remain compliant with SIS Act requirements

Presented By

Kimberley Martin
Director, WMM Law Hobart, Tas

Kimberley Martin B.A. LL.B. (Hons), LL.M, TEP is a director, and business owner, of WMM Law in Hobart, Tasmania. Kimberley’s range of expertise includes estate planning, tax, business succession, trusts and superannuation law, with a particular emphasis on complex needs, international, and high net worth estate planning.

Kimberley has completed her LLM (Masters) in Wills & Estates. Kimberley has a strong voice representing the legal profession at a state, national and international level through her involvement on committees, her published work, her professional presentations and media exposure. Notably, she authored a paper on ‘Technology, the Law and COVID-19‘ that was published in 56 countries. She has been interviewed on the ABC 7:30 program, in the Age and in the Sydney Morning Herald, and has had her work published in several international journals, including in the Global STEP Journal and the American Bar Association Magazine. Through the Society of Trust and Estate Practitioners (STEP), Kimberley is Secretary of the STEP Victoria-Tasmania Branch, and is a member of the STEP Australia Excellence Awards and Newsletter Sub-Committees. She was also a founding member, and member for over 10 years, of the STEP Digital Asset Special Interest Group Steering Committee. In 2018, Kimberley was an award recipient at the STEP Private Client Awards in London.

Kimberley commitment to the community is shown through her work with not-for-profits. She is currently a Director of the Board of Montagu Community Living, a member of Womens Chiefs of Enterprises International (WCEI) and is on the Board of Business Blindspots Tasmania.

Who Should Attend?

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD hour. 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.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

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]

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