Testamentary Capacity Law, Practice, and Medicine

Martyn Frost, Director, Trenfield Trust & Estate Consulting Ltd,Stephen Lawson, Solicitor, FDR Law,Robin Jacoby, Professor Emeritus of old age psychiatry, University of Oxford

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.

1. Introduction and General Principles
2. The Current Test for Testamentary Capacity
3. The Time at Which Testamentary Capacity is Required
4. Undue Influence and Knowledge and Approval
5. Burden and Standard of Proof
6. The Role of the Draftsman
7. Risk Management
8. Starting a Case - Pre Litigation Acting for a Claimant
9. Alternative Dispute Resolution
10. Method and Mechanics of Settlement
11. Legal Proceedings
12. The Main Medical Causes of Impaired Testamentary Capacity
13. How Mental Illnesses Impact Upon Testamentary Capacity
14. The Value of Standardised Cognitive and Other Tests in Contentious Probate
15. Communicating with Clients
Appendices
Appendix I - Observations
Appendix II - Annotated Specimen File Note
Appendix III - Specimen "Golden Rule" Letter
Appendix IV - Specimen letter of Instruction to Psychiatrist