The aging population combined with changing social patterns of marriage and re-marriage in the face of dependancy, frailty and vulnerability and the diminished capacity of older adults is creating new legal and societal challenges especially when it comes to the estate plan.
Capacity to Marry and the Estate Plan is the first comprehensive research tool to aid in looking at the validity of marriages in the context of estate administration, planning, and litigation. It explores the requisite capacity to marry and with it testamentary capacity, threshold decisional capacity, with a focus on predatory marriages.
The authors possess various expertise offering guidance from both legal and medical points of view, providing commentary and analysis on the relevant legislation, case law and societal issues. As a result, this resource helps legal practitioners to ask the proper questions when advising their clients.Gain clear, comprehensive coverage of:
• the considerations respecting the legal capacity required to contract marriage
• testamentary capacity, capacity to manage property and personal care
• clinical capacity from a medical-legal perspective
• legislative considerations — marriage revokes a will — how does that affect the estate plan of those lacking testamentary capacity?
• family law and the interaction and development of property rights and concepts of alienation, undue influence, exploitation and changing demographics
• capacity assessments, factors and considerations
Features and benefits include:
• summary of issues in capacity determination
• the historical tie between marriage laws and property rights
• tables that make the demographic issues easy to understand
• graphics for capacity that summarize the process succinctly
Explore recent Canadian case law and find out how these cases have been resolved
There has been recent case law dealing with this area of law with varying legal conclusions. The authors analyze the cases, identify the legal issues which may need change in legislative treatment, and forecast the direction in which the case law may be going.
Who will benefit?
• Practitioners will see the current state of affairs with greater clarity assisting them in their approaches to cases
• Judges will derive a framework by which to enhance their judgments
• Government can use this reference as a source to aid them in making legislative change
• Medical practitioners will have a framework to understand their assessments on capacity issues concerning marriage