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Essay / Research Paper Abstract
This 10 page paper creates a case study that can be used to discuss the legal issues that will need to be considered when assessing the potential to contest a will on the basis of mental capacity. An elderly lady suffering from Alzheimer’s disease, also suffering from a brain tumor makes will close to her death with cuts out her relatives in favor of a nursing assistant. The requirements for capacity, and relevant case law is examined. The paper is written with reference to Australian law. The bibliography cites 6 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEwillmen.doc
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Unformatted sample text from the term paper:
mild, but progressing Alzheimers disease. A year prior to her death Mary had been further incapacitated with a brain tumour, this had reduced her speech capacity so she was no
longer able to speak, but it did not appear to impair her hearing and she communicated with nods to answer questions and pointing.
Mary had lost her daughter Alice. Alice had died leaving a son and daughter; Jack and Jill. Marys grandson and granddaughter were her only surviving relatives and had
come to visit Mary often. The relationship between Mary and her grandchildren had been close, Alice had died when Jack and Jill were teenagers and Mary had taken on the
parental responsibilities. There were no real family rifts, but when Jack had announced he was gay Mary had made it known that she did not approve, and was disappointed that
he would not have children of his own. Six months before passing away she indicated she wished to make a new will.
The new will made significant changes to previous wills. In the penultimate will Mary had left her entire estate, which consisted of the family home, where Jill still resided, $150,000
in bank deposits as well as some antiques and personal chattels to her grandchildren, with a few small bequests that amounted to less money and goods with a value less
than $10,000 for a charity and some friends. The new will, drawn up with a solicitor, appoints the solicitor as the executor and no longer includes either Jack of Jill.
Instead the entire estate, after the small bequests to charity and friends which remain the same, has been left to Cruella. Cruella is a nursing assistant who has been looking
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