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Assessment of competency : a primer
Determination of testamentary capacity involves not only application of standard tests for decisional competency but also consideration of such special factors as the testator's "moral duty" to those entitled to her or his bounty (also referred to as "common obligations of life"), and the concept of emotional capacity. It is important for medical and legal practitioners who are involved in assessment of testamentary capacity to be aware of these special factors or requirements, their nature and their effect on the validity of the testator's will. The relevant tests and special factors are examined from an historical perspective.
History
Journal
Journal of law and medicineVolume
14Issue
2Pagination
156 - 166Publisher
LawBook CoLocation
North Ryde, NSWISSN
1320-159XLanguage
engNotes
Reproduced with the specific permission of the copyright owner.Publication classification
C1 Refereed article in a scholarly journalCopyright notice
2006, Lawbook Co.Usage metrics
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