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Challenging a Will and Evaluating Capacity with Elderly & Vulnerable Clients

Thursday, 12 March 2026
Chair

Gerard Basha, Partner, Bartier Perry; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2025

Challenging a Will and Evaluating Capacity with Elderly & Vulnerable Clients

 

  • How to brief an expert
  • What questions to ask to ensure admissibility and addressing the relevant laws and principles to apply
  • Evaluating the Court’s Weight on Evidence of Capacity: How to weight up evidence of treating and not treating evidence – Green v Green (NSW Supreme Court of Appeal

Presented by Michelle Painter SC, Barrister, 9 Selborne Chambers; Recommended Wills & Estates Litigation Senior Counsel, Doyle’s Guide 2025 and Dr Jane Lonie, Consultant Clinical Neuropsychologist

Description

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

Presenters


Michelle Painter SC, 9 Selbourne Chambers
Michelle is an experienced senior counsel who practices in succession and family provision matters for estates and for plaintiffs, as well as in equity, trusts, commercial law and family law property matters. She specialises in large and significant disputes and has earned a reputation for her forceful advocacy and her ability to quickly absorb large amounts of information across document heavy matters. She has been listed again by Doyle’s Guide 2026 as a Recommended Wills & Estates Litigation Senior Counsel for NSW. She has been involved for many years with the NSW Bar Association’s Bar Practice Course, where she presents on the art of cross examination.


Dr Jane Lonie, Consultant Clinical Neuropsychologist, Dr Jane Lonie
Dr. Jane Lonie is a Consultant Clinical Neuropsychologist with over twenty five years of experience in the assessment and management of cognitive dysfunction in adults and older adults. She is author of over twenty peer reviewed articles in the areas of dementia and capacity and is a co-author of the most recent edition of LexisNexis - Estate Planning: A Practical Guide 2025 (Chapter 8 Responding to Changes in Cognition). Dr Lonie maintains a special interest in provision of medico-legal opinion in matters relating to legal capacity. She regularly provides assessment and reports in matters of questionable testamentary capacity, guardianship disputes, financial management orders, capacity to instruct, give evidence or appoint powers of attorney. During her twenty five years of experience in specialist Neuropsychological practice, Dr. Lonie has provided assessments and reports for in excess of 3,500 patients. Dr. Lonie has substantial experience in assessment, report writing and court appearance for the purposes of provision of expert opinion relating to areas of expertise: Assessment of Cognitive function (Adults and Older Adults); Assessment of testamentary capacity (contemporaneous and retrospective) ; Guardianship disputes/ application reports; Financial management Capacity; Assessment of capacity to grant/revoke Powers of Attorney; Return to work assessment ; Total and Permanent Disability insurance claims; Neuropsychological function in criminal matters; Capacity to give evidence and under the Workers Compensation and Motor Accident Authority Schemes. Dr Lonie is one of a handful of appointed SIRA & Council-directed health assessors and assessors of neuropsychological impairment.


Gerard Basha, Partner, Bartier Perry
Gerard’s distinguished career is built on a foundation of dual Bachelors in Economics and Law from Macquarie University, a Master of Laws, and a current thesis in Succession Law from Sydney University. He is an Accredited Specialist in Wills and Estates Law, holding a Master of Applied Laws from the College of Law. His leadership is reflected as a Notary Public, Chair of the NSW Wills and Estates Law Accredited Specialists Practice Group, and a Registered Trust and Estate Practitioner with a STEP Advanced Certificate in Trust Disputes. Furthermore, he is a Fellow of the Australian and New Zealand College of Notaries and completed the AICD Foundations of Directors Course. With over 38 years of experience, Gerard is a recognized leader in his field. His principal practice areas encompass wills, estate and business succession planning, capacity and mental health issues, powers of attorney, enduring guardian appointments, probate and estate administration, contested estate litigation, and equity and trusts. Gerard acts as an expert witness in Succession Law contested Court matters and also acts as a tutor and Court appointed administrator in contested Court matters as well as a Court appointed trustee for sale. He regularly presents and chairs seminars in succession law and trusts law. He has been a guest lecturer at the College of Law in the Master of Applied Law, Wills and Estate course. Since 2015, Doyle’s Guide has recognised Gerard as a leading wills, estates & succession planning lawyer and a leading wills & estates litigation lawyer.  Best Lawyers since 2025 have recognised Gerard in the area of trusts and estates. Gerard is undertaking, on a part-time basis, a PhD on the scope of inheritance law in modern Australia.

INT263N19A4

Challenging a Will and Evaluating Capacity with Elderly & Vulnerable Clients

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Single Session
Thursday, 12 March 2026
to Australia/Sydney
CPD Points 1
$160.00
On Demand 20260911 20260312

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