The Elder and Succession Law Committee is pleased to announce its release of a pro forma testamentary capacity report and an accompanying letter of request for usage by the legal and medical professions in Tasmania.

Developed by the Elder and Succession Law Committee after extensive consultation with stakeholders including the RACGP, geriatricians and local legal firms, these tools aim to bridge the gap between the two professions, ensuring clearer understanding and more accurate assessments of an individual’s testamentary capacity.

Legal practitioners often receive varied reports from GPs about a client’s capacity. While some are detailed, others may be as brief as “He/she has capacity”. This disparity underscores the need for a standardised approach. The legal criteria for assessing testamentary capacity differ from medical cognitive tests, and there has also been uncertainty about appropriate remuneration for doctors completing these reports. It is hoped that over time if both professions use the pro forma report that we might also reach agreement as to an informal scale of costs.

By providing consistent report formats, we aim to ease apprehensions in the medical community and foster more insightful reports.

The report is now available in a writable PDF format. For it to succeed, the support and acceptance of both the legal and medical professions are crucial.

We encourage you to use these resources and share your feedback via info@lst.org.au.

See here.

Elder & Succession Law Committee
Law Society of Tasmania