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