Testamentary capacity and the relevant indicia is largely well understood. However, the requisite capacity to settle a trust, draft or update (or revoke) a memorandum of wishes or to exercise appointor powers is less clear cut.
In GB Trustees Limited v Stock  JRC 048 the Court stated at :
“The wishes of a settlor are always a relevant consideration, but the trustee must guard against the possibility that a particular settlor’s wishes are based upon an unreasonable animus against a particular beneficiary because if so, the trustee might conclude that little weight should be given to those wishes as against other factors…”
This webinar will pose the question, when does unreasonable animus cross over the line of incapacity?
The webinar, which will conclude with a question and answer section, will also consider capacity by refence to case law and the relevant legislation.
Topics covered will include:
Capacity is a commonly considered aspect of the ability to make a will or act as a trustee but is commonly overlooked in the wider exercise of trust related decisions, rights and powers.
23 March 2022
Attendees will learn:
This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise trustees or beneficiaries.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.
1.5 CPD Hours