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Capacity, consent, informed consent, undue influence and duress paper


This paper covers:

  • capacity
  • undue influence and duress.

Author profiles

Richard Neal
Richard Neal has been in practice as a solicitor in NSW since 1973, and is a partner in the firm of Teece Hodgson & Ward, Sydney. He has presented seminars and workshops, and also participated in panel discussions in the areas of Wills and estates law, power of attorney, guardianship and advanced care directives from 1985 onwards. His work includes litigation, predominantly contested Probate, Family Provision cases and other Equity work, including shareholder and partnership disputes. He also does financial management and guardianship work, including in the Guardianship tribunal of NSW (now Guardianship Division of NCAT) Complex estate planning advice is a substantial part of his practice, and he also acts as an expert witness. - Current at 19 September 2018
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Caroline Sims
Caroline is a Senior Associate with Teece Hodgson & Ward, Sydney. She qualified as a solicitor in England and Wales and then in New South Wales. Her work at the firm covers a number of different areas, including complex estate planning advice (incorporating advice regarding testamentary trusts), where her special area of interest lies in the area of capacity and related planning issues, and estate administration, including applications for grants for probate, letters of administration and reseals of grants from other jurisdictions, and the various issues arising in the administration of estates generally. - Current at 06 November 2018


This was presented at NSW 15th Annual Estate & Business Succession Planning .

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Individual sessions

Buy-sell agreements – Death is easy, beware the drafting failures

Author(s):  Peter BOBBIN

Materials from this session:

Superannuation and estate planning

Author(s):  Mark WILKINSON

Materials from this session:

Further details about this event:


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