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Law & Practice of Assessing Capacity for the Private Client Solicitor – Thursday 09th June 2022

Law & Practice of Assessing Capacity for the Private Client Solicitor – Thursday 09th June 2022



The first part of the seminar will outline the function-specific capacity tests for the tasks/transactions which the average private client practitioner encounters.  These include making (and revoking) a will, executing an enduring power of attorney, making gifts and other gratuitous transfers – including settling assets on trust, contracting to sell, being a partner/company director, acting as a trustee, engaging in litigation, marrying and engaging in sexual relations.

Various pitfalls and misconceptions will also be considered, with particular emphasis on the convoluted (and much misunderstood) options available when a trustee loses capacity.   The solution will depend on a multitude of factors including the terms of the trust instrument and whether the incapacitated trustee is a sole trustee and/or has a beneficial interest under the trust.

The second part of the seminar will focus on testamentary capacity – how might a professional will-drafter minimise a future validity challenge to a will or, in the event that a challenge is brought, escape without judicial criticism?  Northern Ireland will-drafters now have several comprehensive judgments of the current Chancery Judge, Madam Justice McBride.   This recent case law, together with reported decisions from England and further afield will be reviewed. It is hoped that there might be an interactive discussion of the Golden Rule in practice and of what makes a ‘good’ attendance note.

The Speaker: Sheena Grattan: is a practising barrister.  She specialises in estates and trusts issues, both contentious and non-contentious.  She was formerly a Senior Lecturer at QUB, is the author of numerous texts and articles including Succession Law in Northern Ireland and Drafting Trusts and Will Trusts in Northern Ireland (with James Kessler QC).  She is also the examiner of both legal components for the STEP NI Diploma and is currently chair of the Northern Ireland branch of STEP. 

Lunch will be from 1.30pm.  The course will commence sharply at 2.00pm, with a break at 3.15pm and will close at 5.00pm.

Price:                         £120.00 + VAT (£24)                                                   Date:                      Thursday 09th June 2022

Location:                  Milford Suite, La Mon Hotel & Country Club,                                          1.30pm – 5.00pm

41 Gransha Road, Castlereagh, BT23 5RF


Accreditation:        3 CPD Points

Please contact Anna Harkness, Blue Sky Training Ltd if you have any queries:

 Tel:        028 90 261 149     Email:          Web: