Tanya is joined by Wills & Estates lawyer Monique Smiles to discuss a case in which an elderly woman changed her Will to make no provision for her family and leave everything to a couple she had only known a short while. There were concerns about financial elder abuse and neglect, but was there enough evidence to make a case? 

Tanya also discusses the case of Drivas v Jakopovic in which the expert medical evidence said that the testator did not have capacity but the solicitor who prepared the Will felt that she did. Which one was right?

Link to the Growing Stronger Podcast group on Facebook - Join us! 

Case citation: Drivas v Jakopovic [2019] NSWCA 2018

Link to episode notes

Notes:

The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.

While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.