Urgent wills and assessing a client’s mental capacity

Tuesday 11th October, 2016 10:15 am – Tuesday 11th October, 2016 11:15 am
The Law Society of Western Australia
Level 5, 160 St Georges Terrace Perth

When receiving urgent instructions for a will or EPA it is important not to throw out best practice procedures that you would otherwise have in place.

This seminar provides practical tips on what to do when receiving urgent instructions to draft a will or EPA to ensure that they effectively carry out the client’s wishes and to avoid any potential claims including practical tips on assessing mental capacity to make a will or EPA generally.

The seminar focuses on:

  • Assessing mental capacity
  • The difference between “capacity” and “knowledge and approval” (Veall v Veall [2015] VSCA 60)
  • Dealing with non-English speaking clients
  • Assessing if the client is acting as a result of undue influence
  • Knowing when not to take instructions (if possible)
  • The benefits and risks of using checklists and templates
  • Why detailed instructions and attendance notes are important
  • Would preparing a codicil (as opposed to a new will) limit the risk if capacity or knowledge and approval are in doubt
  • Are applications for a statutory will an option worth considering?

This seminar is highly recommended for all estate planning practitioners.

Level: General

  • 1 points Competency 2 Professional Skills


Sponsored by


Chair – Elizabeth Heenan
Special Counsel
Culshaw Miller Lawyers

Greg Mohen
Kott Gunning

Rebecca Rorrison
Senior Legal Officer (Rapid Resolution Team)
Legal Profession Complaints Committee

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