In an earlier post, I wrote about the decision of Lambourne v Marrable and, naturally, it was a particularly interesting case to discuss further in a recent episode of The Heir Waves podcast. So, here it is! In this episode, Caite & Michele are joined by a special guest, Dr Pip Coore of Hemmant’s List, and discuss…
Tag: capacity
Presuming Capacity in EPAs: ‘nature and effect’ and regaining capacity (Qld)
Following on from my earlier posts on powers of attorneys, it seems a little poetic, shall we say, that a further case involving attorneys became known to me! Big thanks to my friend and co-host of The Heir Waves podcast Caite Brewer who brought this case to my attention. The case of Lambourne and Ors…
Screen Test: Court of Appeal prefers lawyer’s evidence over medical on testamentary capacity (NSW)
Capacity is quite the minefield. Any practitioner that works within this field, may very well agree with me. I would even hazard a guess and go as far as to say that perhaps even medical practitioners may also share the same view. Recently, in the case of Drivas v Jakopovic [2019] NSWCA 218, the New…
New legislative changes for Attorneys and Administrators
While no person expects, nor wishes, to experience a lack of capacity, the very real fact of life is that they may. Incapacity can be long term or short term and can impact everyone quite differently. The question of someone’s capacity to understand the nature and the effect of something is fraught with difficulty mainly…
No Will, no way?: Court refuses application for statutory Will in large estate (Qld)
Admittedly, it’s not something that one regularly thinks about, but the issue of incapacitated people making Wills is a topic that achieves much discussion nowadays. Where a person doesn’t have a Will, whether by choice or otherwise, the law provides what I like to call a “back-up plan” or formula, if you will, of how…