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Assessment of competency : a primer

journal contribution
posted on 01.11.2006, 00:00 authored by Danuta MendelsonDanuta Mendelson
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.

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Journal

Journal of law and medicine

Volume

14

Issue

2

Pagination

156 - 166

Publisher

LawBook Co

Location

North Ryde, NSW

ISSN

1320-159X

Language

eng

Notes

Reproduced with the specific permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2006, Lawbook Co.

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