- CPD Points: 1 [PS] [SL]
- Price: $89.00
- Area: Administration of Estates; Elder and Succession Law; Estate Planning; Guardianship; Litigation; Powers of Attorney; Succession Planning; Trusts; Wills
- Delivered: August 2023
Digital Content
- Recording
- PDF of Slides
To purchase login below
Description
This session was delivered by Carolyn Sparke KC into the Elder and Succession Conference 2023. The session considers matters such as:
- Removal of executor applications – what the court will consider and the costs implications of successful and unsuccessful applications;
- Legal and ethical obligations that executors and attorneys need to be aware of, including the extent and the limitations of the powers of attorney and identifying conflicts of interest.
- If you are going to act as an executor, how should you do it: disclosure letters; charging clauses; separate executor file to estate file; estate admin – inhouse or external lawyer/firm; what to charge for – legal v domestic and administrative; what if there is a Trust – should you also act as Trustee; how to avoid conflicts; and, what if you had drawn up the will (Makripoulias v Arhontovasilis [2022] VSC 53).
- CPD Points: 1 [PS] [SL]
- Price: $89.00
- Area: Administration of Estates; Elder and Succession Law; Estate Planning; Guardianship; Litigation; Powers of Attorney; Succession Planning; Trusts; Wills
- Delivered: August 2023
Digital Content
- Recording
- PDF of Slides
To purchase login below
Description
This session was delivered by Carolyn Sparke KC into the Elder and Succession Conference 2023. The session considers matters such as:
- Removal of executor applications – what the court will consider and the costs implications of successful and unsuccessful applications;
- Legal and ethical obligations that executors and attorneys need to be aware of, including the extent and the limitations of the powers of attorney and identifying conflicts of interest.
- If you are going to act as an executor, how should you do it: disclosure letters; charging clauses; separate executor file to estate file; estate admin – inhouse or external lawyer/firm; what to charge for – legal v domestic and administrative; what if there is a Trust – should you also act as Trustee; how to avoid conflicts; and, what if you had drawn up the will (Makripoulias v Arhontovasilis [2022] VSC 53).
Carolyn Sparke, Barrister, Svenson Barristers, Owen Dixon Chambers
About the Presenter:
Ms Carolyn Sparke KC graduated from Melbourne University in 1987 with LLB, B Sc. Carolyn specialises in equity and trusts and in wills and probate law. She has a wider practice in general commercial work, including superannuation disputes, property law, corporations matters, guardianship / administration / power of attorney disputes and family law matters which involve commercial or trust property issues. She has appeared in a number of cases involving testators family maintenance claims (both for executors and for children and various other claimants) and testamentary capacity and other estate and trust-related matters. She also has extensive experience as a mediator. Carolyn holds a diploma in international commercial arbitration from CIArb. She is a co-author of Butterworths loose-leaf service Wills Probate and Administration Service Victoria. She has been a member of the editorial committee, Wills and Probate Bulletin and the Trust Quarterly Review. She is a member of the Society for Trust and Estate Practitioners (STEP) and sits on their policy subcommittee. She is an advocacy instructor with the Victorian Bar, the Australian Advocacy Institute and the Australian Bar Association.
,
About the Presenter:
,
About the Presenter:
,
About the Presenter: