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Court Order Capacity Assessment

Court Ordered Capacity Assessments

An individual who is determined to be incapable of managing their affairs may require a guardian to oversee and assist them. The Substitute Decisions Act 1992, (the “SDA”) provides that “An order appointing a guardian of property for a person shall include a finding that the person is incapable of managing property and that, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so.” But what happens if that individual refuses to have a capacity assessment to determine if they are in fact incapable?
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Can Technology Help Wills And Estates Practitioners Avoid Mistakes?

Can Technology Help Wills and Estates Practitioners Avoid Mistakes?

As litigators who often prosecute claims against lawyers accused of negligence, we have observed first-hand the types of mistakes that are often made by lawyers. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. Increasingly, we anticipate that best practices will include utilisation of technical innovations. In this blog, we explore some of the ways in which such innovations may assist lawyers in avoiding malpractice errors and thereby reduce negligence claims.
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Death Certificate

Tiger King: Murder, Mayhem, Madness and…Lessons About the Law of Estates?

Netflix’s recent hit docuseries, “Tiger King: Murder, Mayhem, and Madness”, chronicles the true story of the self-professed “Tiger King”, Joe Maldonado-Passage, also known as “Joe Exotic”. Joe was an eccentric private zookeeper, country music singer, and one-time candidate for Governor of Oklahoma who is currently serving a 22 year federal prison sentence for hiring a hitman to murder his rival, Carole Baskin, as well as other wildlife-related offences. Believe it or not, this bizarre story from the big-cat world raises legal issues pertaining to the law of estates.
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