|
|
Authors: Kimberly Lawrence, Kevin Lenahan
Published: 2 November 2022
Pages: 28
As the population ages testamentary capacity and undue influence increasingly arise as concerns for beneficiaries of estates, often both at the same time.
When dealing with these issues, both in the early stages of a dispute and when litigating, there are a number of practical steps to consider including:
a) Understanding the law relating to testamentary capacity and undue influence,
explaining this to your clients, and dealing with common misconceptions;
b) Obtaining medical records and relevant files to assess the position;
c) Drafting pleadings, and in relation to undue influence considering your obligations
under R 13.8.1;
d) Briefing expert witnesses;
e) The executor’s role in capacity and influence cases; and
f) Costs.
This paper will consider all of these issues and how to address them, including the costs and risks involved at all stages.
Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press save after adding each new registrant.
Trustees - costs in litigation 2022Publication Date: 01-Aug-2022Author: Elizabeth Heaney |
NZ $40.00 | ||
Gift or Loan?Publication Date: 09-Sep-2021Authors: Amanda Donovan, Ben Jefferson |
NZ $40.00 |
Greg Kelly Law,
Wellington
Greg Kelly Law,
Wellington