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Recorded Webinars

Recorded Webinar: Weighing Up the Evidence in Capacity Challenges

A challenge to testamentary capacity often places the professionalism of the drafting practitioner in the spotlight, and can be reputationally damaging. This session discusses how the weight of evidence is changing from medical expertise to more general lay observations, and what
PRESENTED BY Christian Teese Special Counsel - Rigby Cooke Lawyers , Melbourne

Date/Time

About the Webinar

A challenge to testamentary capacity often places the professionalism of the drafting practitioner in the spotlight, and can be reputationally damaging. This session discusses how the weight of evidence is changing from medical expertise to more general lay observations, and what practitioners can do to protect themselves from challenges, including:

  • Key elements of testamentary capacity reconsidered: Mikhail v Hana [2019] NSWCA 97
  • How far does a lawyer need to go to investigate capacity? Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007
  • The shifting weight towards solicitors’ evidence including not just files notes but practice and procedure: Case studies of Drivas v Jakopovic [2019] NSWCA 218; The Estate of Blanche Minnie Condon [2020] NSWSC 19; Croft v Sanders [2019] NSWCA 303
  • Improving disclosure in capacity cases: Re Estates Brooker-Pain and Soulos [2019] NSWSC 671
  • Professional guidelines and precautionary measures for assessing and proving capacity

Presented By

Christian Teese
Special Counsel, Rigby Cooke Lawyers Melbourne, Vic

Christian has specialised practice expertise in Wills & Estates and Trust litigation approaching 15 years of experience.

Christian has significant experience acting for independent administrators and trustees in relation to Estate and Trust administration issues, as well as for claimants pursuing claims in relation to a diverse range of Wills, Estates and Trusts issues. He also has particular experience advising not-for-profit entities.

Christian has earned recognition for taking a cost-effective and sensible approach to litigation and has significant experience in disputes concerning legal costs. In 2021, Christian was ranked by Doyle’s Guide as a Rising Star in its Wills & Estates rankings for Victoria and in 2022 was ranked in its listing of leading lawyers in Wills & Estates litigation.

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.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

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]

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