Testamentary Capacity: Law, Practice, and Medicine

by Martyn Frost, Stephen Lawson, Robin Jacoby

Overview

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.

Product Details

ISBN-13:	9780191040801
Publisher:	OUP Oxford
Publication date:	03/19/2015
Sold by:	Barnes & Noble
Format:	eBook
Pages:	336
File size:	1 MB

About the Author

Martyn Frost FCIB TEP has over 45 years of working with wills, estates, and trust administration. He is Director Trenfield Trust&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 has extensive contentious trust experience. He is a member of the STEP Worldwide Council and The Association of Contentious Trusts and Probate Specialists. Robin Jacoby DM FRCP FRCPsych is Professor Emeritus of old age psychiatry in the University of Oxford. He has written over 250 reports in cases of contentious probate and golden rule assessments, and has appeared as an expert witness in court. He is a vastly experienced author and an expert on testamentary capacity.

Table of Contents

1. Introduction and General Principles
2. The Current Test for Testamentary Capacity
3. The Time at Which Testamentary Capacity is Required
4. Undue Influence and Knowledge and Approval
5. Burden and Standard of Proof
6. The Role of the Draftsman
7. Risk Management
8. Starting a Case - Pre Litigation Acting for a Claimant
9. Alternative Dispute Resolution
10. Method and Mechanics of Settlement
11. Legal Proceedings
12. The Main Medical Causes of Impaired Testamentary Capacity
13. How Mental Illnesses Impact Upon Testamentary Capacity
14. The Value of Standardised Cognitive and Other Tests in Contentious Probate
15. 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

Editorial Reviews

"The authors are all eminent in their respective fields and the book is authoritative and thoroughly researched. The book can be used by the practitioner who wants to have a detailed introduction to the subjects it covers or by the practitioner who needs it as a reference point in relation to particular issues." -Simon Edwards, Elder Law Journal

From the Publisher