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 QCA 143; Estate Rofe  NSWSC 257; Chant v Curcuruto  NSWSC 751; Gooley v Gooley  NSWSC 56
Margaret ArthurCRH Law
0.3 CPD units