Q&As

From Cradle to Grave: Running a Deceased Estate File

Friday June 9, 2017

Christopher Parker, Partner, Treloar & Treloar joined Ashleigh Tesluk of Legalwise SeminarsHeadshot Christopher Parker 200X300 to discuss running a deceased estate file and the practical considerations. 


You can hear from Christopher directly at Estate Administration and Trusts Intensive seminar on Thursday 29 June 2017 at the Stamford Plaza Adelaide.

 

Could you tell us a little bit about yourself, Christopher (experience, your practice, what you’re working on. etc)?

I have approximately 10 years experience, initially at a general firm in regional South Australia and then at Treloar & Treloar, a specialist wills, estates and trust law firm. I am now a partner of Treloar & Treloar. My practice (within the firm) consists mainly of estate litigation, simple and complex estate planning matters, simple and complex applications for Probate and Letters of Administration, and administration of estates.


The seminar will cover the latest developments Estate Administration and Trusts. Can you broadly explain what is happening in this practice area right now?

The public are increasingly wary of the costs of obtaining legal (or financial) advice and are more willing to act in the absence of such advice. This is, in many cases, resulting in disputes between well-meaning but naive trustees and distrustful beneficiaries.


Your topic analyses the practical aspects of ‘Running a Deceased Estate File’. Can you explain what your topic will cover and areas that often trip up legal practitioners?

Practitioners have often practised in wills and estates to supplement a main field of practice such as family law or personal injury. Increasingly practitioners are trying to rely more heavily on wills and estates as the involvement of solicitors in other areas of law is marginalised. This can result in practitioners with a narrow experience attempting matters far more complex than they (at first) appreciate.

Practitioners (experienced and novice alike) are often tripped up by not knowing the existence and terms of the Rules and Legislation that applies to the matter in question, and by not identifying early enough elements of the matter that will require additional work or time. In addition to discussing the areas that trip up legal practitioners, my topic will discuss the importance of an efficient practice and identify a couple of ways in which efficiency may be enhanced, and it will encourage practitioners to consider how grief can affect a client’s ability to cope with a stressful situation or provide seemingly simple instructions.


If there were 3 critical take always the audience will get from your topic what would they be?

We owe it to our clients and ourselves to be efficient. Every client and every matter deserves an individual approach. Know the Rules.


What are some of the trends and developments (e.g. new legislations, cases) you see on the horizon that will affect Wills, Estate and Trust lawyers in Adelaide in the next 12 months?

A process of law reform is underway in South Australia in relation to wills and estates. I am hopeful it will result in a broader class of people eligible to claim under the IFPA, to reflect the increasing presence of blended families in our society. There is also scope to reform the way in which breaches of Power of Attorney are prosecuted, but that will require a thorough reassessment of legal and community responses to the problem of Elder Abuse.

 

You can hear from Christopher directly at Estate Administration and Trusts Intensive seminar on Thursday 29 June 2017 at the Stamford Plaza Adelaide.

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