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Recorded Webinars

Recorded Webinar: Testamentary Capacity, Cognitive Decline and Ageing Clients

As clients age, they not only contend with the passage of time but also grapple with cognitive decline which often goes hand-in-hand with ageing. This intersection raises fundamental questions about their capacity to make informed, legally valid decisions regarding asset distribut
PRESENTED BY Katelin Whitley AccSpec (Wills & Estates) (Prop), Principal - Bestic Law , Sydney

Date/Time

About the Webinar

As clients age, they not only contend with the passage of time but also grapple with cognitive decline which often goes hand-in-hand with ageing. This intersection raises fundamental questions about their capacity to make informed, legally valid decisions regarding asset distribution and will creation. This paper explores testamentary capacity in the context of ageing clients, delving into the interplay between cognitive decline, legal standards, medical assessments, and ethical considerations. It examines:

  • Capacity – a legal test informed by medical assessment
  • Understanding what ‘mental capacity’ means
  • Key indicators demonstrating a lack of mental capacity
  • Communicating with the client and recording initial capacity assessment data
  • When to refer and assessing who to refer to – key criteria in making referral decision
  • Constructing the referral letter to medical specialist
  • The solicitor’s role in mental capacity assessment – taking clear instructions
  • Conferring with client and making legal judgement on medical evidence
  • Should you appoint a substitute decision maker?
  • The distinction between capacity to make a will compared to power of attorney
  • Lessons from cases

Presented By

Katelin Whitley
AccSpec (Wills & Estates) (Prop), Principal, Bestic Law Sydney, NSW

Katelin Whitley is the principal of Bestic Law located in Sydney and the Hunter Valley and practices primarily in succession, trust, and property law matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011 and as an Accredited Property Law Specialist in 2021.

She works on both simple and high-level estate planning and acts on estate administrations including for large and complex estates. She has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. Katelin has represented estates, applicants, and beneficiaries.

Katelin has completed her Master of Laws at the University of Sydney and Master of Forensic Mental Health in the UNSW School of Psychiatry. She has been lecturing in the College of Law Wills & Estates Master of Applied Law program since 2017, was a member of the Law Society NSW Accredited Wills & Estates Specialists Committee from 2012 to 2022 and is a member of the Law Society Accredited Wills & Estates Specialists Committee from 2022 to 2024. Katelin is also a Notary Public and serves as a Council Member with the Society of Notaries of New South Wales Inc.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looing to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law.

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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