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Recorded Webinars

Recorded Webinar: Attorney Wheeling and Dealing with Estate Assets

The passage of time between will execution and eventual estate administration can be significant, and circumstances may result in a change or diminution of assets left in the will. An added challenge can be when the assets are used or sold by the will - maker’s attorney between a
PRESENTED BY Carolyn Sparke KC Barrister - Victorian Bar , Melbourne

Date/Time

About the Webinar

The passage of time between will execution and eventual estate administration can be significant, and circumstances may result in a change or diminution of assets left in the will. An added challenge can be when the assets are used or sold by the will - maker’s attorney between appointment and death. This session will explore some of the issues, cases and developments in this area. Including:

  • Why attorney choice is so important - should there be more than one attorney?
  • Issues in second spouse/blended family situations
  • Taking instructions and ensuring client understanding of the grant
  • Does an attorney need to consider the will - maker’s testamentary intentions in decision - making?
  • Can the attorney’s actions be challenged by potential beneficiaries if their proposed actions impact estate property?
  • Does a practitioner have a conflict of interest where the will property is dealt with by an attorney?
  • Drafting tips and traps for limiting powers of attorney dealings
  • Relevant legislation and State reforms on power of attorney misuse and elder abuse
  • Cases including McFee v Reilly [2018] NSWCA 322; Reilly v Reilly [2018] NSWSC 804; Wylie Anor v Wylie [2021] QSC 201; Smith v Smith [2017] NSWSC 408; Dawson v Dawson [2019] NSWCA 826

Presented By

Carolyn Sparke KC
Barrister, Victorian Bar Melbourne, Vic

Carolyn Sparke KC graduated from Melbourne University in 1987 with a Bachelor of Laws and a Bachelor of Science. She was admitted to Practice (completing her articles at Minter Ellison) in 1989, and joined the Bar in 1991. She took Silk in 2012.

Carolyn has been a barrister for over 30 years, commencing at the Bar with a broad commercial practice in property law, building cases (when a science degree comes in handy), insolvency and insurance, but for most of that time specialising in equity, trusts and deceased estate cases of all types, as well as superannuation-related issues. She also works in the Administration and guardianship jurisdiction, including looking at the roles and powers of Attorneys under power.

Carolyn is one of the founding authors of the LexisNexis Wills Probate and Administration Service. She is the Victorian Bar's representative on the VCAT Guardianship List users committee. In addition, Carolyn is a Member of the Society for Trust and Estate Practitioners, with an Advanced Certificate in Trust Disputes. She has completed a qualification in International Arbitration with the Chartered Institute of Arbitrators. She has long experience as a Mediator.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

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

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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