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Successful succession: Clients, capacity and court proceedings


Disputed wills, elderly clients and court proceedings. Does your client have sufficient capacity to engage in litigation? If not, you have a duty to bring it to the attention of the court.

Author profiles:

Katerina Peiros ATI
Katerina practises exclusively in all aspects of estate planning, succession law and trusts. She is the principal of Hartwell Legal, a Melbourne-based boutique practice. Katerina has written widely on all aspects of estate planning, wills, powers of attorney, trusts, deceased estates and related disputes. From 2011 to 2012, Katerina was an editorial panel member for the Retirement & Estate Planning Bulletin, a monthly magazine for succession lawyers published by LexisNexis. In 2012, Katerina was promoted to general editor and shared this role with Christine Smyth for two years. In this role, Katerina drove content and led the communication of the latest developments in succession law to the legal industry in Australia. Katerina is a member of the worldwide Society of Trusts and Estate Practitioners and the Wills & Estates Study Group at the Law Institute of Victoria, both of which are a specialist network of wills and estates lawyers. From 2015, Katerina is also a committee member of the Victorian Succession Law Committee. Current at 01 February 2016 Click here to expand/collapse more articles by Katerina Peiros.
Christine Smyth ATI
Christine is a partner with Robbins Watson Solicitors Gold Coast, practising exclusively in inheritance and elder law as a Queensland Law Society Accredited Specialist Succession Law. Christine's committee work includes her role as the chair of Queensland Law Society's Governance committee, as well as sitting on Queensland Law Society's Succession Law and Proctor committees, Women Lawyers Association of Queensland, STEP (Qld), and Gold Coast DLA. She is a highly regarded succession law expert, publishing regular Proctor articles, and presenter at conferences for Queensland Law Society and other industry bodies. From 2010 to 2014, Christine held positions on the editorial panel of the LexisNexis Retirement & Estate Planning Bulletin, vacating her position of co-general editor in 2014. In 2013, LexisNexis recognised Christine as one of their Top 10 Influential Women. Christine's leadership has seen her nominated for the Queensland Law Society President's Medal and WLAQ's Woman Lawyer of the Year. She believes professionalism hinges on integrity and collegiality, mentoring lawyers through Queensland Law Society, QUT and WLAQ. Current at 01 February 2016 Click here to expand/collapse more articles by Christine SMYTH.
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