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Centre for Policy on Ageing | |
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| Contemporaneous assessment of testamentary capacity | | Author(s) | Kenneth J Shulman, Carmelle Peisah, Robin Jacoby |
| Corporate Author | IPA Task Force on Testamentary Capacity and Undue Influence, International Psychogeriatric Association |
| Journal title | International Psychogeriatrics, vol 21, no 3, June 2009 |
| Pages | pp 433-439 |
| Keywords | Mental disorder ; Cognitive processes ; Wills ; Law ; Evaluation. |
| Annotation | A subcommittee of the International Psychogeriatric Association (IPA) task force on "Testamentary Capacity and Undue Influence" was formed to establish guidelines for contemporaneous assessment of testamentary capacity. The task-specific criteria for testamentary capacity as outlined by Lord Chief Justice Cockburn in the Banks v Goodfellow case are described. Additional issues are identified for probing and documentation. This is designed to determine whether the testator can formulate a coherent, rational testamentary plan that connects his/her beliefs, values and relationships with the proposed disposition of assets. Rules of engagement by the expert assessor are defined as well as an approach to the clinical examination for testamentary capacity resulting in a clear and relevant report. Guidelines for experts who are asked to provide a contemporaneous opinion on testamentary capacity should help to inform disputes resulting from challenges to wills. A consistent clinical approach will help the courts to make their determinations. (KJ/RH). |
| Accession Number | CPA-090616214 A |
| Classmark | E: DA: VTH: VR: 4C |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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