Description:
Capacity: its importance in conveyancing transactions
In this session Tony Cahill discusses the general concept of “capacity” in its various guises and the obligations on the practitioner to ensure the client’s capacity and to advise the client of his rights and obligations.
Under discussion:
Types of capacity:
Mental capacity:
o Is timing important?
o Are there degrees of mental incapacity?
o “Good days and bad days”
Legal capacity - a look at the roles played by
o Powers of Attorney
o Trustees
o Executors
General Discussion
This session will also include a discussion of:
- The impact of the death of a party on a conveyancing transaction
- The role of “Death & Disability” clauses
- The practitioner’s obligations to establish capacity (mental or legal)
- The practitioner’s ongoing obligations to act in the client’s best interests
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