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Recorded Webinars

Recorded Webinar: Whose Responsibility? The Consequences of Diminishing Capacity on the Estate Plan

Estate planning is an ongoing event, with professional advisers intricately involved with a client and their family over an extended period in relation to very sensitive and significant matters. This session will examine the responsibility and risks of advisers for ascertaining th
PRESENTED BY Paige Edwards Senior Associate - McCullough Robertson Lawyers , Brisbane

Date/Time

About the Webinar

Estate planning is an ongoing event, with professional advisers intricately involved with a client and their family over an extended period in relation to very sensitive and significant matters. This session will examine the responsibility and risks of advisers for ascertaining the capacity of their clients over time and the consequences of failure to take appropriate steps, including:

  • The difference between legal capacity and testamentary capacity and when the distinction matters: Mikhail v Hana [2019] NSWCA 97
  • What obligations does an adviser have to investigate their client’s capacity? Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007
  • Professional guidelines and the role of medical and other experts: Greer v Greer [2021] QCA 143; Gooley v Gooley [2021] NSWSC 56
  • Options for impaired capacity management, including substitute and supported decision making
  • Planning for lack of capacity – what should be in the estate plan and ongoing responsibilities of practitioners to aging clients
  • Practical issues arising from diminishing capacity
  • Key risk management and precautionary steps for practitioners: Drivas v Jakopovic [2019] NSWSCA 218; Croft v Sanders [2019] NSWSCA 303; Ip v Chiang [2021] NSWSC 822

Presented By

Paige Edwards
Senior Associate, McCullough Robertson Lawyers Brisbane, Qld

Paige is a Lawyer in the Estates team, practicing exclusively in the area of succession law since her admission in October 2012. Her main area of practice has always been estate planning for high net worth clients with complex structures as well as for blended families, families with children with special needs or individuals with difficult personal situations.

As part of the practice, Paige acts for individuals from diverse backgrounds, professional trustee company organisations, other law firms, charities, government organisations and departments, accountants and financial advisors.

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. 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]

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