Testamentary Capacity: Law, Practice, and Medicine

• First book to concentrate solely on testamentary capacity, a growing area of litigation and controversy
• Covers mental capacity considerations involved in will drafting
• Includes a section of relevant medical issues for lawyers written by an expert in old age psychiatry
• Provides guidance on litigating wills in connection with mental capacity
• Includes specimen letters, notes, and checklists for quick reference and to aid understanding

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.

Readership: Professionals involved in the drafting of wills (solicitors, paralegals, accountants, will preparers, Independent Financial Advisers); solicitors and paralegals who litigate issues of testamentary capacity; members of the Chancery Bar; insurance companies involved in personal injury litigation; legal trainers; charities