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  1. The doctor considers predisposing (e.g. family history, neglect in childhood), precipitating (e.g. physical injury, divorce), perpetuating (e.g. avoidance, inactivity, long-term unemployment, insomnia, unresolved financial compensation) and protective (e.g. confiding relationship or a hobby) factors under the headings of biology (e.g. genes ...

  2. Full-text available Nov 2021 Nadia Bolognini Chiara Gramegna Antonella Esposito Stefano Zago View Show abstract ... Testamentary capacity (TC) may be defined as the ability of a person...

    • Construct of Testamentary Capacity
    • Construct of Undue Influence
    • Role of The Expert Witness Or Assessor
    • Documentation For Assessment of Testamentary Capacity and Undue Influence
    • Common Cognitive Screening Tests
    • Summary and Recommendations

    A testator (male) or testatrix (female) is the person who is executing a will; here we use the term testator in a general sense for both genders. Testamentary capacity refers to the legal status of being capable of executing a will. All mental capacities are determined by two fundamental components: an ability to understand the relevant facts and a...

    Undue influence is a strictly legal concept; the onus of proof is on those claiming undue influence. Frolik (15) and Spar and Garb (16) have attempted to delineate the indications of undue influence, which are summarized in Table 2. Frolik argues that the doctrine of undue influence allows the courts to maintain a relatively low threshold for testa...

    At the time of the drafting of the will, lawyers make an initial assessment of testamentary capacity but may call upon experts to assist in specific circumstances. Experts may include neuropsychiatrists, geriatric psychiatrists, neuropsychologists, and others with a particular interest in capacity determinations. The role of the expert may involve ...

    In the absence of a validated assessment instrument, we propose that in addition to the traditional Banks v. Goodfellowcriteria, the following issues should be addressed and documented in a forensic assessment, whether it is contemporaneous or retrospective: 1. Rationale for any dramatic changes or significant deviations from the pattern identified...

    Clinicians tend to use a small number of cognitive screening tests that may be referred to in medical records or expert reports. These tests assess higher-level brain functions that control initiative, motivation, planning, impulse control, capacity for abstract thinking, and the exercise of judgment. The identification of subtle impairment of thes...

    In the case described, there are a number of suspicious circumstances, including a dramatic change in Mr. A’s last will from previous wills and from wishes that had previously been consistently expressed to his stepdaughter. There was an unnatural disposition involving an estranged stepson who appeared at the last minute. In addition, there are con...

    • Kenneth I Shulman, Carole A Cohen, Felice C Kirsh, Ian M Hull, Pamela R Champine
    • 2007
  3. Testamentary capacity (TC) is a form of legal transaction Some practitioners use the terms “capacity” and “competency” and refers to the ability of a person (testator/testatrix) to make synonymously,1,2 whereas others consider these 2 terms as 2 his or her own will in a clear and valid way.

  4. The examination for testamentary capacity poses several unique challenges to the forensic evaluator, especially when performed, as is often the case, postmortem. Forensic experience reveals that a...

  5. Findings: The testator/testatrix with intact TC has realistic perception of his or her property value, lack of psychopathology affecting contact with reality, and intact intention of how and to ...

  6. 0226923746.pdf - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. Scribd is the world's largest social reading and publishing site. Open navigation menu

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