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How to deal with legal incapacity when confronted with disability and an increase in age related illnesses paper

Published on 24 Oct 19 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • determining legal incapacity
  • planning for legal incapacity – substitute decision makers
  • dealing with legal incapacity in the absence of pre-appointed decision makers
  • dealing with legal incapacity in legal proceedings.

Author profiles

Gerard Basha
Gerard heads Bartier Perry’s Private Clients team.. He is an Accredited Specialist in Wills and Estates Law and a Notary Public and is recognised as one of Australia’s leading lawyers in his fields of expertise. In addition, he is the Chair of the NSW Wills and Estates Accredited Specialist Practice Group. Doyle’s Guide to the Australian Legal Profession has recognised Gerard as a leading Wills & Estates Litigation lawyer in both NSW and Australia from 2016 to 2022 and as a leading Wills & Succession Planning lawyer from 2017 to 2022. - Current at 24 January 2023
Raffael Maestri
Raffael Maestri is an Accredited Specialist in Wills and Estates Law and a Senior Associate at Bartier Perry. Raffael draws on specialised experience in advising and acting on both non-contentious and contentious wills, estates, trusts and succession law matters. His technical expertise and meticulous approach to his work assists him in delivering to his clients practical, effective and results-driven solutions to complex legal issues. Raffael advises clients on complex testamentary trust, wills and inter-vivos trust instruments; estate disputes (such as family provision claims, challenges to the validity of wills, estate administration disputes); uncontested applications to the Supreme Court for a grant of probate or letters of administration; and both testate and intestate estate administration. Since 2019 to 2023, Raffael was listed in Doyle's Guide as a Rising Star in Wills and Estates law in NSW. In 2023 he was recognised by ‘Best Lawyers Ones to Watch’ in the area of Trusts and Estates. Raffael is also a regular contributing author to LexisNexis’ Retirement and Estate Planning Bulletin. - Current at 15 December 2023

 

This was presented at NSW 16th Annual Estate & Succession Planning Conference .

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Individual sessions



Superannuation & estate planning

Author(s):  Graeme COLLEY

Materials from this session:

One rule to rule them all – Family governance agreements

Author(s):  Peter BOBBIN

Materials from this session:

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