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 QCA 143; Estate Rofe  NSWSC 257; Chant v Curcuruto  NSWSC 751; Gooley v Gooley  NSWSC 56
Margaret ArthurCRH 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
unit for the CPD year ending 31st March 2023.
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.
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]