Chapter 4 Capacity to make a will Contents Introduction The classic statement of the law



Download 0.72 Mb.
Page1/19
Date15.03.2021
Size0.72 Mb.
  1   2   3   4   5   6   7   8   9   ...   19







CHAPTER 4 - Capacity to make a will
Contents
4. 1. Introduction
4. 2. The classic statement of the law
4. 3. The present day requirements for will-making capacity
4. 4. The responsibilities of lawyers when taking instructions for and seeing to the execution of wills where the will-making capacity of the will-maker is in doubt
4. 5. The tendency to uphold the will-makers right to make a will
4. 6. Proving a will is valid – the onus of proof and who has it
4. 7. Proving a will –suspicious circumstances and undue influence

4. 7. 1. Suspicious circumstances

4. 7. 2. Undue influence

4. 7. 3. The role of the expert in the assessment of undue influence
4. 8. Court intervention to revoke or alter a will made by a person lacking will-making capacity
4. 9. Making and changing wills where will-making capacity is in doubt – the role of the lawyer and the role of the capacity assessor

4. 9. 1. The practice implication for lawyers arising from the current law – an overview of general considerations

4. 9. 2. Caution when taking instructions for the drafting of a will

4. 9. 3. Conditions which might affect capacity

4. 9. 4. Expert opinions – contemporaneous and retrospective

4. 9. 5. Writing an expert report

4. 9. 6. Experts in court
4. 10. Court authorised (statutory) wills
4. 11. Conclusion



Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   19




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page