SEMINAR 9 | Self-directed learning
CAPACITY IN THE PROBATE CONTEXT

Seminar synopsis

This week's (short) online lecture explores the concepts of general mental capacity and testamentary capacity in the probate setting. What must one's mental condition be when making a will? How do clinicians assess and evaluate one's mental condition for probate purposes? What is a lawyer's responsibility when he/she suspects that a client may not have the requisite mental capacities to lay down a will? These questions, and much more - watch the short video lecture to find out!

Readings

The first four readings are available on eLearn

Bhrati Balasundram, Esther Lim, John Frazer, Tan Lay Ling, Lim Yun Chin, "A Practical Approach to Testamentary Capacity and Undue Influence Assessment in Persons with Dementia" (2021) SAL Prac 10

Lim, H. M., Goh, L. G., & Thirumoorthy, T. (2017). Legal medicine: Assessing mental capacity and writing medical reports for deputy applications. Singapore Medical Journal, 58(1), 18–23

Mart, E.G. Testamentary Capacity and Undue Influence: Assessments and Problematic Techniques. Psychol. Inj. and Law 13, 1–10 (2020)

Code of Practice Mental Capacity Act (Chapter 177A), read only section 4 - Lack of Mental Capacity and How it is Assessed

Chee Mu Lin Muriel v Chee Ka Lin Caroline [2010] 4 SLR 373

Re BKR [2015] 4 SLR 81

Mental Capacity Act 2008, sections 3, 4, and 5

SEMINAR 9 | Self-directed learning CAPACITY IN THE PROBATE CONTEXT

Seminar synopsis

Readings

e-Lecture

SEMINAR 9 | Self-directed learning
CAPACITY IN THE PROBATE CONTEXT