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Individual Podcasts
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 impairm

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About the Podcast

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

Margaret Arthur
CRH Law

CPD Information

0.3 CPD units

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