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Key decisions

  • Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007
  • TS v NSW Trustee and Guardian [2017] NSWCATAD 217

Testamentary capacity continued

In the recent case of Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007, Kunc J, after reviewing the more recent case law in relation to testamentary capacity, knowledge and understanding, set out a suggested set of principles for solicitors preparing wills. The excerpt below is from the postscript to his judgment following his references to the New South Wales Legislative Council’s Report on Elder Abuse in New South Wales (24 June 2016) and the ALRC’s Elder Abuse – a National Legal Response (ALRC Report 131, May 2017):

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