Testamentary Capacity
Law, Practice, and Medicine
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 March 2015
- ISBN 9780198727521
- Binding Paperback
- No. of pages368 pages
- Size 233x160x19 mm
- Weight 562 g
- Language English 0
Categories
Short description:
This is the first comprehensive book covering all aspects relevant to mental capacity and drafting or litigating wills. Including a unique section on the relevant medical issues for lawyers, it draws together for the first time medical and legal practice considerations in one volume.
MoreLong description:
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 the knowledge 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 put into 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 with issues of testamentary capacity.
It is not often that I stay up late reading a legal textbook, unless for a professional deadline. Nor do I often continue reading after finding the answer to the point I am researching. But I was compelled to do so with Testamentary Capacity: Law, Practice and Medicine ... The fact that this book fits so much in makes the level of scholarship evident much more impressive.
Table of Contents:
Introduction and General Principles
The Current Test for Testamentary Capacity
The Time at Which Testamentary Capacity is Required
Undue Influence and Knowledge and Approval
Burden and Standard of Proof
The Role of the Draftsman
Risk Management
Starting a Case - Pre Litigation Acting for a Claimant
Alternative Dispute Resolution
Method and Mechanics of Settlement
Legal Proceedings
The Main Medical Causes of Impaired Testamentary Capacity
How Mental Illnesses Impact Upon Testamentary Capacity
The Value of Standardised Cognitive and Other Tests in Contentious Probate
Communicating with Clients
Appendices
Appendix I - Observations
Appendix II - Annotated Specimen File Note
Appendix III - Specimen "Golden Rule" Letter
Appendix IV - Specimen letter of Instruction to Psychiatrist
