Queensland Law Society

Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 – Testamentary capacity

A useful NSW Supreme Court case in which the Court sets out a process to document a capacity assessment for an elderly client – “red flags” in advanced age capacity assessment and appropriate responses – relevance of Testator’s residence in nursing home and suggested response – other investigations of carers - importance of Solicitors being aware of applicable guidelines and documenting compliance with these.