This is the first comprehensive resource to look at the validity of marriages in the context of estate administration, planning and litigation. It explores the requisite capacity to contract marriage and with it testamentary capacity, capacity to manage property and the person, 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 of the 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 legal considerations respecting the capacity to contract marriage
- 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