- CPD Points: 1 [PM] [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
- Selection of Articles
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Description
This session was delivered by Mary Anne Ryan and Christine Smyth into the Elder and Succession Conference 2023. The Family Court is seeing more cases involving elderly parties from a second and third relationship. Often adult children of the parties have a vested interest in the proceedings, the outcome of which can affect the estate available for distribution and the extent of provision which can be made for adult children by their wills. From this fire-side discussion, acquire some essential tips and strategies to consider and implement. This discussion explores:
- Potential issues and difficult situations that can arise during matrimonial property proceedings where one party lacks capacity or dies during proceedings.
- How the Family Court is dealing with these issues.
- What happens when applications in both jurisdictions are on foot.
- Factors considered by the Family Court when dealing with a property settlement compared with those considered by a State court when dealing with a family provision application.
- CPD Points: 1 [PM] [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
- Selection of Articles
To purchase login below
Description
This session was delivered by Mary Anne Ryan and Christine Smyth into the Elder and Succession Conference 2023. The Family Court is seeing more cases involving elderly parties from a second and third relationship. Often adult children of the parties have a vested interest in the proceedings, the outcome of which can affect the estate available for distribution and the extent of provision which can be made for adult children by their wills. From this fire-side discussion, acquire some essential tips and strategies to consider and implement. This discussion explores:
- Potential issues and difficult situations that can arise during matrimonial property proceedings where one party lacks capacity or dies during proceedings.
- How the Family Court is dealing with these issues.
- What happens when applications in both jurisdictions are on foot.
- Factors considered by the Family Court when dealing with a property settlement compared with those considered by a State court when dealing with a family provision application.
Mary Anne Ryan, Barrister, Derwent and Tamar Chambers
About the Presenter:
Ms Mary Anne Ryan joined the Tasmanian Independent Bar in 2015 after 13 years as a barrister and solicitor engaged in civil, criminal, family law and child protection litigation. Mary Anne has had carriage of and appeared as Counsel in multiple ground-breaking and innovative family law cases in the Family Court of Australia and the Federal Circuit Court of Australia which have made significant contributions to the development of case law. Mary Anne is regularly appointed as an Independent Children’s Lawyer in the family law jurisdiction and as the Separate Representative in the child protection jurisdiction. Mary Anne is a member of the Ethics Committee of the Australian Bar Association; and the Chair of the Family Law Committee of the Law Society of Tasmania. Mary Anne is a past member of the Family Law Practitioners Association of Tasmania; the Litigation Committee of the Law Society of Tasmania; Chair and Board Member of Hobart Women’s Shelter; President and member of Australian Women Lawyers; President of Tasmanian Women Lawyers; and member Equal Opportunity Committee of the Law Council of Australia.
Christine Smyth, Director, Christine Smyth Estate Lawyers
About the Presenter:
Ms Christine Smyth draws on 25 plus years’ experience to be a specialist in succession law, undertaking work in deceased estate administrations; deceased estate litigation; estate planning; grants of probate / administration; funeral law; and elder law – powers of attorney disputes, family accommodation disputes, family financial disputes; and conflict resolution. She is a Queensland Law Society (QLS) accredited specialist in succession law, and has corresponding expertise in elder and funeral dispute law. When President of the QLS in 2017, Christine developed an Elder Abuse Aware campaign that received national recognition. In respect of her expertise in funeral law, Christine was the first lawyer to be a member of the Australian Funeral Directors Association. Her ongoing commitment to excellence in client service and technical skill, has seen her recognised with the prestigious Doyle’s Guide awarding her Leading Wills and Estate Litigation Lawyer and Queensland’s Leading Wills, Estates and Succession Planning Lawyer in 2015, 2016, 2017, 2018, 2019 and 2020. Christine is one of three Queensland Court appointed Estate Account Assessors.
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