Challenging Legal Capacity from a Legal and Medical Perspective within Succession Law

Thursday, 13 March 2025
Description

Attend and earn 1 CPD hour in Substantive Law
This program is based on NSW legislation

Chair:

Adeline Schiralli, Consulting Principal, Keypoint Law; Accredited Specialist, Wills and Estates Law

Keynote Address

Presented by The Hon Justice Lindsay AM, Supreme Court of New South Wales 

Challenging Legal Capacity from a Legal and Medical Perspective

 

Gain insights from senior legal and medical specialists into the issues and factors that can impact on determining legal capacity and on the challenges in assessing testamentary and decision-making capacity.   

Facilitated by Katelin Whitley, Principal, Bestic Law; Accredited Specialist, Wills and Estates and Property Law
Panellists:
Renee Bianchi
, Barrister, 13th Floor St James Hall Chambers; leading Wills & Estates Litigation Junior Counsel – Australia, Doyle’s Guide 2024
Margaret Pringle, Barrister, Chalfont Chambers; recommended Wills & Estates Litigation Junior Counsel – Australia, Doyle’s Guide 2024
Adjunct Professor Dr Tuly Rosenfeld, Senior Specialist Geriatrician and Physician, Rosenfeld Consulting 

Presenters


Adeline Schiralli, Consulting Principal, Keypoint Law
Adeline Schiralli is an accomplished & passionate estate planning and elder law solicitor with extensive experience developing comprehensive and practical estate plans that suit the individual circumstances of her clients. Adeline is a NSW Law Society Accredited Specialist in Wills & Estates Law and a Consulting Principal of Keypoint Law. Adeline is also an Adjunct Lecturer at the College of Law, teaching numerous subjects in the Wills & Estates and Estate Planning majors for their Master of Law program. Adeline holds a Master of Law (Applied Law) in which she majored in Wills and Estates and is a member of the NSW Law Society’s Elder Law, Capacity & Succession Committee. Adeline was listed in the Doyle’s Guide 2021 as a ‘Recommended Lawyer’ in the category of Leading Wills, Estates and Succession Planning Lawyers and was also listed in the Doyle’s Guide 2017 as a ‘Rising Star’ in the same category. Adeline is adept at advising clients on matters including the implementation of wills (particularly sophisticated testamentary trust wills), powers of attorney and enduring guardianships, superannuation death benefit nominations and properly gifting the control of entities (including private companies and/or trusts) to the appropriate person(s) in the event of death and/or incapacity. Adeline can also assist clients in relation to the administration of a deceased persons’ estate and regularly advises clients in relation to retirement village contracts and aged care agreements. Adeline is passionate about obtaining peace of mind for her clients in relation to their estate planning and elder law needs, and regularly presents seminars to other solicitors, professionals and to members of the public in the area of wills, estates and elder law. Her approach is underpinned by her commitment to achieving peace of mind for her clients in relation to their wills, estate planning and elder law needs. Adeline takes a holistic approach to estate planning and works closely with her client’s other advisors (accountants, financial planners etc.) to best achieve her client’s objectives.


The Hon Justice Lindsay AM, Supreme Court of New South Wales
Justice Geoff Lindsay was appointed to the Equity Division of the Supreme Court of NSW in 2012. He is currently the Court's Probate and Protective List Judge. He graduated from the Australian National University in 1977 with the degrees of Bachelor of Economics and Bachelor of Laws. , He was admitted as a solicitor of the Supreme Court of NSW in 1978 and practised as a barrister from 1979 specialising in equity, commercial and administrative law. He was appointed Senior Counsel in 1994. , At the time of his appointment to the Bench, he was the Chairman of the Council of Law Reporting of NSW and was a member of the Council of the NSW Bar Association. , He also served as the Bar Association's representative on the Uniform Rules Committee and the Supreme Court Rule Committee, upon each of which Committees he has continued to serve as a judge. , He was the foundation secretary of the Francis Forbes Society for Australian Legal History upon its establishment in 2002. He has been editor of the Australian Bar Review since 1996, a co-editor of Thomson Reuter's NSW Civil Procedure Practice since 2005 and, since his appointment to the Bench, leading Editorial Consultant for CCH, NSW Conveyancing Law and Practice.


Katelin Whitley, Principal, Bestic Law
Katelin Whitley is the principal of Bestic Law located in both the Hunter Valley and Sydney and practices primarily in succession, trust, and property law matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011 and as an Accredited Property Law Specialist in 2021. She works on both simple and high-level estate planning and acts on estate administrations including for large and complex estates. She has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. Katelin has represented estates, applicants, and beneficiaries. Katelin has completed her Master of Laws at the University of Sydney and Master of Forensic Mental Health in the UNSW School of Psychiatry. She has been lecturing in the College of Law Wills & Estates Master of Applied Law program since 2017. She served as a member of the Law Society NSW Elder Law and Succession Committee and the Law Society NSW Accredited Wills & Estates Specialists Committee. Katelin is also a Notary Public and serves as a Council Member with the Society of Notaries of New South Wales Inc.


Renee Bianchi, Barrister, 13th Floor St James Hall Chambers
Renée Bianchi was admitted as a solicitor in 2008 and commenced practice as a barrister in 2013. She graduated from the University of Newcastle with a Bachelor of Biomedical Science (Honours) in 2004 and a Bachelor of Laws/Diploma of Legal Practice in 2007. Since being at the Bar, Renée has built up a diverse practice in equity, common law, and commercial matters. She particularly specialises in wills and probate, succession, general commercial law, and professional negligence. Doyle’s Guide has listed her in its Wills and Estates Litigation Leading Lawyers list since 2016, as Preeminent Junior Counsel in this area in NSW and Leading Junior Counsel in Australia in 2024. Before being called to the Bar, Renée was a litigation solicitor, specialising in public liability, product liability, and professional indemnity matters. Renée is currently President of Australian Women Lawyers, Chair of the B Miles Women’s Foundation, and Co-Vice Chair of the Women Barristers Forum. She is also a member of the Law Council of Australia’s Equal Opportunity Committee and NSW Bar Association’s Succession and Protective Law Committee. She is a Past President of NSW Young Lawyers and the Women Lawyers Association of New South Wales, and a Past Chair of the Young Lawyers Committee of the Law Council of Australia. Renée is a member of the NSW and ACT Bar Associations.


Margaret Pringle, Barrister, Chalfont Chambers
Margaret Pringle was admitted as a solicitor in February 2001, having previously qualified and worked as a registered nurse. She was employed by the former Public Trustee (now NSW Trustee & Guardian) specialising in Equity litigation involving deceased estates. In 2007 Margaret was awarded a Master of Jurisprudence (USyd). Margaret was called to the NSW Bar in May 2010 and practices primarily in the Equity jurisdiction of the Supreme Court in matters relating to the estates of deceased and incapable persons. She is a member of Chalfont Chambers on Level 9, 67 Castlereagh Street, Sydney.


Adjunct Professor Dr Tuly Rosenfeld, Senior Specialist Geriatrician and Physician
Dr Rosenfeld is a specialist in Geriatric Medicine and Aged Care and has 40 years of experience in clinical practice in hospital and community care older people with complex medical problems of which neurodegenerative diseases figure prominently. He has over the last 20 years been very involved as an expert in medicolegal issues often regarding disputes over wills, estates and decision making. He has published in international peer reviewed journals about capacity and dementia.

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Challenging Legal Capacity from a Legal and Medical Perspective within Succession Law

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