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.
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.
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.
Inhaltsangabe
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
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
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