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Recorded Webinars
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 impair

Date/Time

About the Webinar

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

Who Should Attend?

This webinar is suitable for lawyers practising in succession law - Australia wide and it has been designed to deliver the 1 compulsory subject unit for th

CPD Information

unit for the CPD year ending 31st March 2023.

CPD

Lawyers can claim 1 CPD unit – Professional Skills

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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