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101708
Individual Podcasts

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 ap

Date/Time

About the Podcast

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 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.

Her publications include: co-author of Lexis-Nexis loose-leaf service "Wills Probate and Administration Service Victoria"; an article "Removing executors and trustees" for the Oxford University Press Trusts & Trustees Journal, Law Institute Journal publications, and formerly sat on the Editorial Committee for the Trust Quarterly Review. She was an Adjunct lecturer in the Masters Program, College of Law. She is the Chair of the Bars CommBar Superannuation Section. Carolyn also teaches as an advocacy instructor: previously in the Melbourne University, Advocacy course; an Advocacy Instructor with the Australian Advocacy Institute, the Australian Bar Association; and an Instructor with the Victorian Bar Readers Course. Carolyn regularly presents at seminars for a variety of professional bodies. She was formerly a sitting member of the Firearms Appeals Committee, an appeals tribunal constituted under the Firearms Act.

CPD Information

0.6 CPD units

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