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Resources on demand


Testamentary capacity is a common, but frequently misused, term in estate planning. It is often used as a blanket term, even though the test for capacity differs depending on the documents and decisions being made.
With substantial wealth transfer on the horizon, advisers need to consider their client’s capacity, the impact it has on their client being able to provide instructions, and, importantly, the client’s estate plan.

In this webinar, Hayley and Sarah will work through:

  • the different tests for capacity that apply to every day decision making, Wills and Enduring Powers of Attorney
  • common indicators that should prompt enquiries about a client’s capacity
  • the importance and limitations of medical evidence, and how to ensure you are obtaining useful medical reports
  • how to advise a client who has suspicions about the validity of signed documents
  • consequences where advisers ‘get it wrong’ and fail to make proper enquiries.

[Running time: 1 hr 30 mins]