Terri and Kane Case Study - Law Assignment Help

Assignment Task

CLIENT FILE NOTE
Meeting Attendance
Terri Brady (client) and her father George Hoskin (client), and accompanied by Steffi Rhodes (financial planner for George and Terri) have approached you, a lawyer with expertise in family law and wills and estates, for legal advice as to their current situations. The clients have agreed to waive any conflict of interest so that you can advise them both.

Background
Terri (48 years old) and Kane (42 years old) have been married for 7 years. Terri has one child (Amos 20) from a previous de facto relationship and Terri and Kane have two biological children (Roberta 12 and Alexis 9). Amos is financially dependent on Terri and currently lives in the family home.
The last six months have been particularly difficult for Terri and Kane’s marriage. Six months ago, Terri was diagnosed with a rare neurological disorder with no cure. At the time, Terri was given 12-36 months to live, and the disorder will render Terri incapable of taking care of herself.
Three months ago, Terri confessed to Kane that she wasn’t happy in the marriage, and was having an affair with Tony, a hospitality worker, self-confessed party animal and father of an adult child, and further that they had been engaged in an “off-again on-again” relationship for the past year. Kane was devastated, packed his bags, took his household contents and left the family home. A short time later, Tony moved in and began solely relying on Terri for financial support (Tony was recently made redundant and future job prospects on the Gold Coast are slim).
Terri and Kane are currently seeking counselling, but from Terri’s perspective, the marriage is over and Terri wants a divorce. There have been no discussions around property settlement, but they have agreed that Terri will remain primary care giver (as that is each child’s preference), and that Kane has contact rights in relation to Roberta and Alexis. They have also agreed that Kane will be the children’s primary care giver when Terri dies or has incapacity. 

Legal advice
Please prepare a letter of advice which follows this structure:
1. A short introductory paragraph (100-120 words) which refers to your recent client meeting and sets out the purpose, scope and structure of the letter. DO NOT restate
the clients’ financial position, but DO summarise the client’s estate planning objectives, based on your understanding of their needs and concerns.
2. Explain and analyse the risks (in terms of consequences) associated with separation, divorce, incapacity and death (Terri), and death only (George), which may undermine the achievement of the clients’ estate planning objectives. Apply the clients’ current circumstances as part of your explanation and analysis. Current circumstances is a collective term used to describe the clients’ background, financial situation and estate planning documents (see client file note).

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