Assessing Capacity: Insights and Analysis from Medical & Legal Experts
September 10, 2025, 12:00 pm EDT
Presented by Canadian Lawyer, Hull & Hull LLP, WEL Partners
In today’s rapidly evolving legal landscape, capacity issues are at the forefront of estate, trust, and elder law. With an aging population and increasingly complex family dynamics, Canadian legal professionals face mounting challenges in assessing and defending capacity—both during a client’s lifetime and after death. Staying ahead of these developments is essential for anyone advising on wills, estates, and fiduciary matters.
Join a panel of globally recognized medical doctors, international experts, academics, and senior capacity lawyers for an in-depth discussion on capacity assessments. In this live webinar, you’ll gain practical tools and expert guidance to confidently navigate both contemporary and retrospective assessments — ensuring you can best serve your clients when capacity is in question.
Key takeaways from this session:
– Gain a practical toolbox for assessing client capacity—both retrospectively and in real time.
– Build confidence in identifying and addressing testamentary capacity and its legal implications.
– Understand the nature and impact of capacity issues on estate planning, litigation, and dispute resolution.
– Learn from real-world cases and expert perspectives on serving clients with complex capacity challenges.
– Stay ahead of current industry problems, including evolving standards and the nuances of retroactive assessments.
Webinar recording:
Download Presentation:
Recent Court Treatment of Medical Experts
Downlaod Paper:
Support Materials:
The following links are to select published papers in support of our Canadian Lawyer, Hull & Hull LLP, & WEL Partners September 10, 2025 webinar: Assessing Capacity: Insights and Analysis from Medical & Legal Experts.
The Role of the Medical Expert in the Retrospective Assessment of Testamentary Capacity
The Canadian Journal of Psychiatry 66(3)
Kenneth Shulman, MD, SM, FRCPC; Nathan Herrmann, MD, FRCPC; Hayley Peglar, LLB; Daniel Dochylo, LLB, TEP, CS, ACIArb; Clare Burns, LLB; and Carmelle Peisah, MBBS, MD, FRANZCP
Family conflict in dementia: prodigal sons and black sheep
International Journal of Geriatric Psychiatry 2006; 21: 485–492. DOI: 10.1002/gps.1501
Carmelle Peisah, Henry Brodaty and Carolyn Quadrio
The wills of older people: risk factors for undue influence
International Psychogeriatrics (2009), 21:1, 7–15 C doi:10.1017/S1041610208008120
C. Peisah, S. Finkel, K. Shulman, P. Melding, J. Luxenberg, J. Heinik, R. Jacoby, B. Reisberg, G. Stoppe, A. Barker, H. Firmino and H. Bennett, for the International Psychogeriatric Association Task Force on Wills and Undue Influence
Experts in evidence
STEP Journal: Issue 4, 2025
Kimberly A Whaley, Dr Kenneth I Shulman and Oliver O’Brien
View on-line at STEP Journal website (STEP Membership login required)