Beyond Instructions: What to do when client capacity is uncertain
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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
- 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
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