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