Recorded Webinar: Shades of Grey: Professional Responsibility for Determining Capacity when Preparing Wills (Professional Skills)
Date/Time
About the Webinar
At a time when people are living longer than ever before, the making of a will tends to happen in later life when declining health may impact decision - making. What are the obligations of legal practitioners faced with will preparation for a client with signs of cognitive impairment? This session will provide guidance to practitioners on precautionary measures to protect both their clients and themselves from challenges, including:
- At what stage does capacity need to be tested?
- Who is responsible for making a decision on capacity? Is medical evidence always conclusive?
- Can a person with any level of dementia make a will?
- The role and obligations of practitioners in assessing capacity and planning for will execution
- Key precautionary measures to avoid challenges on the grounds of capacity
- Who bears the onus of proof in a challenge?
- What evidence of capacity will the courts look at?
- The role of the statutory will regime when testamentary capacity is lacking
- Recent cases including Greer v Greer [2021]QCA 143; Estate Rofe [2021] NSWSC 257; Chant v Curcuruto [2021] NSWSC 751; Gooley v Gooley [2021] NSWSC 56
Presented By
![](https://tved-media.s3.ap-southeast-2.amazonaws.com/s3fs-public/styles/presenters/public/download/image/Margaret%20Arthur.png?itok=XHp5c359)
Margaret Arthur
CRH LawWho Should Attend?
This webinar is suitable for lawyers practising in succession law - Australia wide and it has been designed to deliver the 1 compulsory subject unit for th
CPD Information
unit for the CPD year ending 31st March 2023.
CPD
Lawyers can claim 1 CPD unit – Professional Skills
WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.
Enquiries/Assistance
If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]