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Clients & incapacity: The new risk for advisers presentation

Published on 12 Mar 14 by VICTORIAN DIVISION, THE TAX INSTITUTE

This presentation covers:

  • what is testamentary capacity?
  • power of attorney - capacity and voluntariness
  • knowledge and approval
  • wills - what are a solicitor's obligations to test capacity
  • client has clear testamentary capacity
  • client has uncertain testamentary capacity
  • client is unable to give coherent instructions
  • powers of attorney - what are a solicitor's obligations to test capacity
  • instruction taking
  • medical reports
  • superannuation - death benefit nomination.

Author profile:

Carolyn Sparke QC
Carolyn is a Queens Counsel at the Victorian Bar, whose practice involves general commercial work, specialising in trusts and deceased estates. She is a co-author of the Lexis-Nexis loose-leaf service "Wills Probate and Administration Service Victoria" and on the Editorial Committee, "Wills and Probate Bulletin". Her practice has involved a range of commercial disputes, many of which involve wills, trusts and powers of attorney. She is the Victorian Bar representative on the VCAT Guardianship List Users Committee, she chairs the Superannuation Subcommittee of the Victoria Bar's Commercial Bar Association and regularly teaches advocacy with the Australian Advocacy Institute, the Australian Bar Association and the Bar. She is an adjunct lecturer at the College of Law in Wills and estates and has in the past taught at Melbourne University. She is an accredited mediator, having conducted mediations in estate matters, commercial matters, banking matters, property disputes and other areas. Current at 01 April 2015 Click here to expand/collapse more articles by Carolyn Sparke.
 
Individual sessions

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