SFE National Conference 2018

Digital deaths, cyber security and so much more for the elderly client adviser

Cyber Security is on the rise – don’t miss this real time demo of what actually happens and how easy it really is… People are dying and leaving lots of their life online – where do we stand and what should be done? The infamous RNRB – one year on, are things any clearer? Her Honour Judge Hilder – how are things developing under her leadership? The latest from the OPG and of course, a case law update. Action packed and unmissable…

21st June 2018, British Library Conference Centre

Keynote address: Her Honour Judge Hilder

09:15 – Registration and coffee
09:45 - Welcome address - David Sinclair, SFE Chairman

David Sinclair is a partner at Acorn Solicitors a small family firm of Solicitors he set up in 2009 the year in which he was shortlisted for young lawyer of the year by the Law Society. Acorn Solicitors has grown rapidly under David’s leadership and the firm now owns premises in Taunton and Street, employing 15 staff. It is recognised for its family values. David has raised over £55,000 for charities through writing Wills for free and completing strenuous physical challenges, such as Tough Mudder. David has been a director of SFE since 2007 and its chairman since June 2017.

10:00 - Digital assets on death - Ian Bond, Head of the trusts & estates team at Talbots

Only a decade ago, the concept of preparing your digital assets for your demise would have seemed absurd. With most people now owning a smart phone or other internet connected devise then the making of sensible provision digital assets is now essential. Like it or not much of our lives, both professional and personal, has found its way into the digital sphere. An important question for all practitioners dealing with planning for death through will making and dealing with the administration of estates after death is to consider and discuss with their clients, what will happen to their digital estate on their death. This session covers both the practical and the legal aspects of a digital demise: what the law says on who actually owns digital assets; who has access to those digital assets on death; how the law in this area needs to be updated to keep pace with technology; and, discussing the recent proposals from the Law Commission on bring the law of wills into the 21st century.

Ian Bond is head of the trusts & estates team at Black Country law firm Talbots. He specialises in trust formation and administration, wealth planning and the administration of estates, with wide ranging experience dealing with high-value and complex estates, especially intestacy matters. Ian is the current chair of the Law Society’s Wills & Equity Committee and has contributed a number of chapters to the Law Society’s Probate Practitioner’s Handbook (including a chapter on Digital Assets for the 8th Edition) , as well as writing articles for legal publications and journals on a range of topics. Ian is a member of STEP. You can follow Ian on twitter @IanBondTEP

11:00 – Coffee
11:20 - Private client update - Professor Lesley King

This session will provide a comprehensive review of recent developments over the next few months and will examine the implications for private client practitioners. The content will depend on what happens in the next few months, but it is likely to include: statutory developments, including: the latest on the draft ISA regulation, the latest on DOTAS and IHT; decisions in the areas of wills, trusts and professional practice with particular emphasis on lessons to be learned and good practice, including: Re Exler, Legg & Burton v Burton, Christodoulides v Marcou

Professor Lesley King is a member of the Probate & Estates Committee of STEP, a former member of the Law Society’s Wills & Equity Committee and an honorary member of the Association of Contentious Trust and Probate Specialists. She is Professional Development Consultant at the University of Law. She is co-author of Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administration and Estate Planning (with Precedents); A Modern Approach to Lifetime Tax Planning for Private Clients (with Precedents); A Practitioner’s Guide to Wills; The Will Draftsman’s Handbook; Wills: A Practical Guide; and editor of The Probate Practitioner’s Handbook.

She is a contributor to the Wills and Trusts volumes of Halsbury’s Laws and the Encyclopaedia of Forms and Precedents and to The Law and Ethics of Dementia. She is the wills and probate columnist for the Law Society Gazette, and writes and lectures extensively on wills, taxation and related matters.

 

12:20 - Alan Eccles, Public Guardian & Chief Executive of the OPG

The progress made by OPG since its inception 10 years ago and a look at the agency’s priorities for the year ahead – Alan Eccles, Public Guardian & Chief Executive of the OPG.

Alan Eccles obtained a law degree at Leicester Polytechnic. He was called to the Bar by Middle Temple in 1981, completing pupillage and practiced at the Bar for a short while in London.

Alan was appointed as Chief Executive and Public Guardian in 2012 by the Lord Chancellor under Section 57 of the Mental Capacity Act 2005. Alan is responsible to the Lord Chancellor and the Secretary of State for Justice for the effective operation of the agency.

12:50 – Lunch
14:00 - The latest on the Residence Nil Rate Band - Professor Lesley King

Practitioners have been drafting wills to take account of the new residence nil rate band (RNRB) for some time now but this year for the first time are having to deal with claiming the RNRB for estates in administration. The new RNRB lifts many families out of the IHT net but there are a number of pitfalls and oddities. This session will consider problem areas and look at some common queries such as: What is a residence? Does the residence have to be in the UK? What if the will directs that a residence is to be sold? How does the taper threshold work when there is transferred RNRB? What happens if a residence is held in a life interest trust? To what extent can post-death variations and s144

Professor Lesley King is a member of the Probate & Estates Committee of STEP, a former member of the Law Society’s Wills & Equity Committee and an honorary member of the Association of Contentious Trust and Probate Specialists. She is Professional Development Consultant at the University of Law. She is co-author of Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administration and Estate Planning (with Precedents); A Modern Approach to Lifetime Tax Planning for Private Clients (with Precedents); A Practitioner’s Guide to Wills; The Will Draftsman’s Handbook; Wills: A Practical Guide; and editor of The Probate Practitioner’s Handbook.

She is a contributor to the Wills and Trusts volumes of Halsbury’s Laws and the Encyclopaedia of Forms and Precedents and to The Law and Ethics of Dementia. She is the wills and probate columnist for the Law Society Gazette, and writes and lectures extensively on wills, taxation and related matters.

15:00 - KEYNOTE ADDRESS - Her Honour Judge Hilder

Overview of her role as the senior judge of the COP and how she is taking things forward.

Her Honour Judge Hilder – Carolyn Hilder was appointed as the Circuit Judge, Senior Judge of the Court of Protection on 4th April 2017. l Her Honour Judge Hilder will be the successor to His Honour Judge Denzil Lush. A brief career history published by the Courts and Tribunals Judiciary summarises that she was called to the Bar in 1991. She was appointed as a fee-paid Tribunal Judge of the First-tier Tribunal Health Education and Social Care Chamber in 2003 and as a District Judge in 2010.

15:30 – Tea
15:50 - Cyber attacks - a clear and present danger - Damian Walton, Director of Professional Services - IntaForensics Ltd

The threat of a cyber-attack on your firm is higher than ever before.  With a live cyber-attack demonstration from the IntaForensics team (Damian Walton with Sam Walton and Andrew Bassi), this session is designed to alert you to the risks faced by companies and individuals and provide signposting to ensure you can take steps to protect yourself from the current cyber threats.  IntaForensics is the fastest growing cyber security and digital forensic services provider in the UK.   https://www.intaforensics.com/

Damian Walton is Director of Professional Services at IntaForensics with responsibility for the delivery of cyber security and incident response and PCI DSS investigations and audits. Damian has successfully completed the IASME Assessor training course and the CESG Certified Technical Cyber Auditing Course and is accredited to deliver Cyber Essentials audits and assessments. Damian joined IntaForensics from Visa Europe where he led the Data Compromise Management Team.  He had responsibility for the overall management of data compromise incidents involving Visa payment card data, identification of emerging threats and the provision of quality intelligence.  Damian worked closely with Visa Europe and Visa Inc. teams, issuing and acquiring members and the PFI/QSA community to assist and support investigations into data breach attacks.  He was responsible for creating and implementing strategies to ensure compliance with PCI DSS requirements and, where necessary, applying appropriate sanctions for breaches of Visa Europe’s Operating Regulations.

Damian has over three decades of Law Enforcement experience, predominantly in investigative and supervisory roles.  As Head of Northamptonshire Police Hi-Tech Crime Unit, he was a practitioner of forensic examinations, network investigations and covert internet investigations.  He completed his Police career on secondment at the Child Exploitation and Online Protection Centre (CEOP) in London as head of the Specialist Operational Support Team, responsible for covert online and offline operations worldwide.  During this secondment, Damian worked on a number of high-profile investigations in all corners of the globe receiving a number of commendations and plaudits from government officials.

Damian holds a PgDip in Forensic Computing from Cranfield University and has also achieved EnCE certified examiner, CFIA and CSTA qualifications.  He is a member of the British Computer Society.

16:50 – Wrap up and closing remarks from the Chair

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