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Key decisions

  • Hawkins v Clayton [1988] HCA 15
  • Urquhart v Lanham [2003] NSWSC 109
  • Reilly v Reilly [2017] NSWSC 1419
  • Morrison-Conway & Anor; Estate of the Late Judith Christine Walsh [2018] NSWSC 685
  • D17-18\171 [2018] SCTA 72
  • D17-18\172 [2018] SCTA 73
  • D17-18\165 [2018] SCTA 68
  • The Estate of the late Bernard Sullivan Smith [2018] NSWSC 97

Pro forma letters to doctors

The Elder Law, Capacity and Succession Committee has developed pro forma letters that solicitors can send a doctor to obtain information to assist the solicitor to decide if their client has mental capacity to make a will or power of attorney. The letters are available on the Law Society website: https://www.lawsociety.com.au/advocacy-and-resources/publications-and-resources/my-practice-area/elder-law (scroll down to Pro Formas). Attention is drawn to the accompanying notes which remind us that the letters should not be relied upon as adequate in all circumstances. Careful consideration must also be given to the adequacy of the doctor’s response.

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