Beyond Instructions: What to do when client capacity is uncertain

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