A first of its kind, Capacity to Marry and the Estate Plan, proves to be an excellent resource to legal practitioners when looking 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 and capacity to manage property and the person, with a focus on predatory marriages. The authors possess varied 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 publication helps legal practitioners to ask the right questions when advising their clients.

Gain clear and 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 that affects 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