The marriage of psychology and law: testamentary capacity
Article
Article Title | The marriage of psychology and law: testamentary capacity |
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ERA Journal ID | 6578 |
Article Category | Article |
Authors | Zuscak, Simon (Author), Coyle, Ian (Author), Keyzer, Patrick (Author) and Machin, M. Anthony (Author) |
Journal Title | Psychiatry Psychology and Law |
Journal Citation | 26 (4), pp. 614-643 |
Number of Pages | 30 |
Year | 2019 |
Place of Publication | United Kingdom |
ISSN | 1321-8719 |
1934-1687 | |
Digital Object Identifier (DOI) | https://doi.org/10.1080/13218719.2018.1557506 |
Web Address (URL) | https://www.tandfonline.com/doi/full/10.1080/13218719.2018.1557506 |
Abstract | Banks v. Goodfellow [1870. LR 5 QB 549 (Eng.)] is almost 150 years old, yet still stands as authority for the principle that unsoundness of the mind will not rebut testamentary capacity where it does not affect the will itself. Readers of this journal would know that psychology has advanced greatly during this sesquicentenary, and yet the law relating to testamentary capacity has remained relatively stagnant. We review the present laws relating to decision-making for adults with impaired capacity, particularly in Queensland, and also review various models of gauging decision-making capacity in other jurisdictions. We argue that qualified experts should be enlisted to make determinations about testamentary capacity when questions of capacity arise. We also argue the case for the development of scientifically validated protocols to assess decision-making capacity in the testamentary context. |
Keywords | assessment protocol; cognitive testing; dementia; expert evidence; regulated decision-making; testamentary capacity |
ANZSRC Field of Research 2020 | 480502. Civil procedure |
520103. Forensic psychology | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | La Trobe University |
School of Psychology and Counselling | |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q5405/the-marriage-of-psychology-and-law-testamentary-capacity
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