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.
Full Product Details
Author: Martyn Frost (Director, Director, Trenfield Trust & Estate Consulting Ltd) ,
Stephen Lawson (Solicitor, Solicitor, FDR Law) ,
Robin Jacoby (Professor Emeritus of old age psychiatry, Professor Emeritus of old age psychiatry, University of Oxford)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 16.00cm
, Height: 2.00cm
, Length: 23.30cm
Weight: 0.562kg
ISBN: 9780198727521
ISBN 10: 0198727526
Pages: 368
Publication Date: 19 March 2015
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Paperback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
It is not often that I stay up late reading a legal textbook, unless for a professional deadline. Nor do I often continue reading after finding the answer to the point I am researching. But I was compelled to do so with Testamentary Capacity: Law, Practice and Medicine ... The fact that this book fits so much in makes the level of scholarship evident much more impressive. Alexander Learmonth, The STEP Journal
`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
Author Information
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.
