Potential Conflicts of Lawyers Acting as Executors: When is there a Breach of Duty?

Thursday, 13 March 2025
Description

Attend and earn 0.5 CPD hour in Ethics & Professional Responsibility
This program is based on NSW legislation

Chair

Monica Ross-Maranik, Consulting Principal, Keypoint Law; Accredited Specialist, Wills and Estates Law

Ethics & Professional Responsibility
Lawyers Acting as Executors: Conflict or Breach of their Duties

 

  • The nature of executor’s obligations where a lawyer is acting as executor
  • Can an executor resign
  • What happens if there is a conflict of interests
  • What are executorial duties and can the lawyer charge for those
  • What is considered a breach of duty
  • Recent caselaw dealing with executors’ behaviour
  • Practical points and tips for lawyers acting as executor 

Presented by Irina Hoskinson, Barrister, Latham Barristers

Presenters


Monica Ross-Maranik, Consulting Principal, Keypoint Law
Monica is an accredited specialist in wills and estates law in NSW, working predominately in estate litigation, probate, estate administration and estate planning. She has over 29 years’ practise in the field, including extensive experience conducting high profile litigation which she undertakes with compassion and strategic reasoning. Monica’s areas of expertise include: Wills and estate planning, contested probate litigation, Family provision litigation, Probate and estate administration, other estate and equity litigation, Trusts and trust litigation, Enduring powers of attorney, Enduring guardianships and Protective jurisdiction advice and litigation including court authorised wills. Monica holds a Master of Laws from Sydney University and is a current member of the International Society of Trust.


Irina Hoskinson, Barrister, Latham Barristers
Irina commenced private practice in 2011. Irina was called to the Bar in 2016 and takes briefs to appear in Supreme Court, Federal Circuit and Family Court and other courts and tribunals. She appeared in family provision, probate, bankruptcy, corporate insolvency, general equity and family law matters. In 2020 Irina took a break from the Bar for 14 months and held a position as Probate Registrar in the Supreme Court of NSW. In that role she was making decisions in relation to complex probate and administration matters; she also sat as a Common Law and Equity Registrar and presided over corporations’ examinations. Upon her return to the Bar, Irina currently practices mainly in probate and family provision matters. Irina is a costs assessor and an associate lecturer at College of Law.

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Potential Conflicts of Lawyers Acting as Executors: When is there a Breach of Duty?

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Single Session
CPD Points 0.5
$90.00
On Demand 20250606 20250313

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