Risk on Air

Beyond Instructions: What to do when client capacity is uncertain


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Capacity issues extend well beyond wills. From property transactions to litigation and settlements, this episode examines where solicitors go wrong, what the courts expect, why capacity must be reassessed throughout a matter, and how to protect yourself.

Transcript:
  • Beyond Instructions: What to do when client capacity is uncertain
  • Resources
    • Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007
    • Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275
    • Kerr and anor v Badran and anor Estate of Badran [2004] NSWSC 735
    • Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197
    • Weller v NSW Legal Services Commissioner [2022] NSWCATOD 67
    • Sowmi v Master Electrical Services Pty Ltd [2024] NSWSC 176
    • When a Client’s Mental Capacity is in Doubt: A Practical Guide for Solicitors
    • ...more
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