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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 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.
This book investigates the intersection of legal standards and medical assessment required to determine an individual's testamentary capacity during will preparation. The authors, a team of experienced wills practitioners and an old age psychiatrist, synthesize legal precedents with clinical psychiatric insights to provide a comprehensive framework for professionals. They argue that by bridging the gap between medical diagnosis and legal requirements, practitioners can better navigate the complexities of an aging population and mitigate the risks of future litigation.
What You Will Find
Scope Limits
Experts highlight this text as a foundational resource for its unique integration of psychiatric expertise with practical legal application. Practitioners frequently note that the structured guidance on risk management and documentation is particularly useful for avoiding common pitfalls in estate planning.
Page Count:
368
Publication Date:
2015-01-01
Publisher:
OUP Oxford
ISBN-10:
0191040800
ISBN-13:
9780191040801
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