Testamentary Capacity: Law, Practice, and Medicine

Paperback | April 19, 2015

byMartyn Frost, Stephen Lawson, Robin Jacoby

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Testamentary capacity is an increasingly difficult and important area in will preparation. The rise in capacity issues, associated with the increasing aging population and longer life expectancy, has become a fruitful area for dispute and litigation. This book equips practitioners with theknowledge and practical guidance needed in this complex but commonplace problem area.Featuring an explanation of the law relating to testamentary capacity, the book also includes a practical section on the role of the will draftsman. Covering all associated areas such as interviews, questioning, recording of relevant information, and risk management policies, these issues are putinto context by a guide to mental health issues that can affect capacity.This books also features a section on litigating in this area including pre-litigation considerations, a guide to ADR and settlement, and procedural issues. Written by experienced wills practitioners and an expert in old age psychiatry, this book is the first to link relevant medical issues directly to law and practice, presenting all the information a draftsman or litigator needs on the subject. This is an invaluable resource for all concerned withissues of testamentary capacity.

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From the Publisher

Testamentary capacity is an increasingly difficult and important area in will preparation. The rise in capacity issues, associated with the increasing aging population and longer life expectancy, has become a fruitful area for dispute and litigation. This book equips practitioners with theknowledge and practical guidance needed in this...

Martyn Frost, FCIB, TEP, has over 45 years of working with wills, estates, and trust administration. He is Director of Trenfield Trust and Estate Consulting Ltd, a former Deputy Chairman of STEP, and co-author of Risk and Negligence in Wills, Estates, and Trusts (2e, OUP, 2014). Stephen Lawson, TEP, is a solicitor at the FDR Law and ha...

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Format:PaperbackDimensions:368 pages, 9.21 × 6.14 × 0.78 inPublished:April 19, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198727526

ISBN - 13:9780198727521

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Table of Contents

1. Introduction and General Principles2. The Current Test for Testamentary Capacity3. The Time at Which Testamentary Capacity is Required4. Undue Influence and Knowledge and Approval5. Burden and Standard of Proof6. The Role of the Draftsman7. Risk Management8. Starting a Case - Pre Litigation Acting for a Claimant9. Alternative Dispute Resolution10. Method and Mechanics of Settlement11. Legal Proceedings12. The Main Medical Causes of Impaired Testamentary Capacity13. How Mental Illnesses Impact Upon Testamentary Capacity14. The Value of Standardised Cognitive and Other Tests in Contentious Probate15. Communicating with ClientsAppendicesAppendix I - ObservationsAppendix II - Annotated Specimen File NoteAppendix III - Specimen "Golden Rule" LetterAppendix IV - Specimen letter of Instruction to Psychiatrist