Close
My Cart (0 items)

Login to TEN

Privacy Policy
Return
My Cart (0 items)
82027
Recorded Webinars

Recorded Webinar: The Testing Issue of Testamentary Capacity Under the Spotlight

Lawyers are well versed in the need to ensure that a client has testamentary capacity before preparing a will. However, the recent case of Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 highlights the importance of practitioners continuing their education on questions of capacit

Date/Time

About the Webinar

Lawyers are well versed in the need to ensure that a client has testamentary capacity before preparing a will. However, the recent case of Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 highlights the importance of practitioners continuing their education on questions of capacity. This session covers:

  • Assessing the person’s ability to understand the decisions they are making and the presence of any cognitive impairment
  • “Red flags” and appropriate responses
  • Questioning and documenting capacity
  • Competing medical opinions – how far do you need to go? Do you need an updated medical opinion prior to execution of the will?
  • Recent cases and testamentary capacity – a spotlight on Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007
  • A key checklist of things to be mindful of when assessing testamentary capacity

Presented By

Andrew Verspaandonk
Barrister, Green's List Barristers Melbourne, Vic

Andrew Verspaandonk is a member of the Victorian Bar and a member of STEP. He signed the Bar Roll in 2000 and after a wide initial practice has since has developed a practice almost exclusively centered on Wills and Estate litigation of various kinds in the Supreme and County Courts, as Counsel and as Mediator. Cases appeared in includeNicholson-v-Knaggs [2009] VSC 64 (the “Betty Dyke” Litigation) in 2008, one of the longest running Testamentary Capacity and Undue Influence trials in Victoria, Sinclair-v-Moss [2006] VSC 130, relating to the review of trustees’ discretions. Simpson-v-Cunning [2011] VSC 466 which confirmed the departure of Victorian law from the rule established in Re: Slater [1907] 1 Ch 665 with regard to ademption of property alienated by attorneys. He has also appeared in the Supreme Court of Nauru (sitting in Melbourne and Nauru) retained on behalf of the Republic of Nauru in estate related litigation. He has extensive mediation experience both as Counsel and as Mediator in Supreme Court and County Court proceedings. Rate of resolution of matters mediated is over 90%.

He has given many presentations and contributed articles on various aspects of Wills and Estates law in Victoria, interstate and overseas on behalf of various Law Societies and their journals, Law Associations, STEP, Leo Cussen Institute, Capacity Australia and private CLE providers.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

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]

Go to top