Testamentary Capacity – a Practical Guide for lawyers (1 CLE/CPD point)


This 60-minute audio session equates to 1 CLE/CPD point* for lawyers and legal professionals

Are you drafting wills? Are you a wills and estate lawyer involved in a litigation matter? Are you questioning your client’s mental capacity? With an ageing population, we’re seeing an increase in dementia, elder abuse and limited capacity. Coupled with complexities in estates, the risk that your client’s mental capacity will be challenged is on the rise too. With 224 people diagnosed daily with dementia, testamentary capacity and knowledge and approval are a growing focus in the legal landscape. Listen to this audio session featuring Justice François Kunc as he explains practical tips lawyers can use today with their clients when preparing a will, and the challenges faced when contesting wills due to a lack of testamentary capacity.

Listen to this on-demand audio session anywhere and anytime, whether you’re wanting to develop in Wills and Estates Law or meet your continued legal education requirements.

Here’s a sneak peek of Justice Kunc offering his thoughts on how lawyers can get the most out of their interaction with experts (preview length: 2 mins).


Learning outcomes:

  • Gain insight into the concepts and context that govern testamentary capacity
  • Learn practical tips on how to work with clients experiencing issues with capacity, including the recording of evidence and the use of witnesses
  • Improve your ability to work alongside professionals on matters of testamentary capacity, including skills such as instructing medical professionals
  • Develop an understanding of how recent issues, such as a rising incidence of dementia amongst Australia’s ageing population, affect testamentary capacity in practice
  • Navigate risks for lawyers and clients


  • NSW Legislative Council Report On Elder Abuse
  • Australian Law Reform Commission: Elder Abuse – A National Legal Response
  • NSW Law Society: When A Client’s Mental Capacity Is In Doubt: A Practical Guide for Solicitors
  • Elder Law Column: Law Society Journal

Please note that the purchase of this CLE/CPD product allows you to access the recording 5 times over a period of 365 days from the date of purchase.
To access the recording again you must login to your account.


The Hon Justice François Kunc

The Honourable Justice François Kunc graduated with degrees in Arts and Law from the University of Sydney. His Honour practiced as a solicitor with Allen Allen and Hemsley from 1986, and was called to the Bar in 1992. Appointed to Senior Counsel in 2007, his Honour was based in chambers at Eleven Wentworth. Following 27 years of practising law – 21 years as a barrister and six years as Senior Counsel, Justice Kunc was appointed to the Supreme Court of New South Wales in 2013, where he sits in the Equity Division.

His Honour maintained a wide-ranging commercial practice during his time as a barrister, working on cases involving contracts, equity, trusts, trade practices, banking and insurance and government regulation. A leader of the commercial bar, he has appeared in courts throughout Australia for major government, corporate and individual clients, including Paul Hogan and Gina Rinehart.

Justice Kunc is the General Editor of the Australian Law Journal, and serves on the Editorial Board of the Journal of Equity, the editorial committee of the Civil Trials Bench Book, and the Drafting Committee for the Australian National Standards for interpreters in courts and tribunals. Previously, he has served as a President of the Law and Literature Association of Australia, and the chairman of the Eleventh Floor of Wentworth Chambers.

His Honour is a Fellow of the Australian Academy of Law, Chairman of the Layne Beachley “Aim for the Stars Foundation”, and a Knight Commander of St Gregory the Great for services to the Catholic Church. Maintaining a life-long passion for music, culture and the arts, Justice Kunc was a legal adviser, board member and most recently a Director of the Opera Australia Capital Fund.


* CLE/CPD schemes are based upon self-assessment of an educational activity. In order to count an educational activity towards mandatory CLE/CPD requirements a legal practitioner must determine for themselves that the activity extends their knowledge and skills in areas relevant to their practise or professional development. If you are in WA, please note we are not a WA Law Society accredited CPD/CLE provider and an audio session will not count towards your points.