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Author :
Publisher :
ISBN 13 : 9781894278478
Total Pages : 53 pages
Book Rating : 4.2/5 (784 download)
Download or read book Recommended Practices for Wills Practitioners Relating to Potential Undue Influence written by and published by . This book was released on 2011 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : British Columbia Law Institute
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Recommended Practices for Wills Practitioners Relating to Potential Undue Influence written by British Columbia Law Institute and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal practitioners who prepare wills now take care to be satisfied that the will instructions represent the independent wishes of their clients. A forthcoming change in British Columbia law in section 52 of the Wills, Estates and Succession Act requires some heightened awareness of the possibility of undue influence on the part of wills practitioners. Once the section is in force, the onus of proof in cases where undue influence is alleged will shift to the defender of a will in certain circumstances. This change heightens the need for practitioners to be able to recognize sings ("red flags") pointing to the possibility that a client's independent wishes are being overborne by coercive pressures and to take reasonable steps to prevent, to the extent possible, later challenges on the ground of undue influence and to record those steps. A practitioner should anticipate being called as a witness to rebut the new presumption of undue influence. This guide is intended for the use of legal practitioners who prepare wills. It was developed by an interdisciplinary committee with the support of the notary foundation and the lawyers insurance fund. For background the guide surveys the present state of the law relating to undue influence and explains the evidentiary change that section 52 will bring about. The main purposes of the guide, however, are to assist legal practitioners in recognizing ad dealing with situations of potential undue influence, and to set out some guidelines ("recommended practices") that should help to avert undue-influence challenges. While the focus of the guide is on wills practice, much of its contents are also relevant to the preparation of contracts and other personal-planning documents, such as representation agreements and powers of attorney.
Author : British Columbia Law Institute
Publisher :
ISBN 13 :
Total Pages : 63 pages
Book Rating : 4.:/5 (792 download)
Download or read book Recommended Practices for Wills Practictioners Relating to Potential Undue Influence written by British Columbia Law Institute and published by . This book was released on with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Evan Price
Publisher : Law Brief Publishing
ISBN 13 : 9781913715687
Total Pages : 82 pages
Book Rating : 4.7/5 (156 download)
Download or read book A Practical Guide to Challenging a Will Due to Undue Influence Or Fraudulent Calumny written by Evan Price and published by Law Brief Publishing. This book was released on 2022-01-31 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every week we read in newspapers and news websites of cases where disappointed beneficiaries are in dispute with others, often members of their own families, about an estate that they expected to benefit from. These challenges often include claims that the person who does receive the benefit from the estate 'unduly influenced' the deceased or that they poured poison about the disappointed beneficiary into the ear of the deceased - which is what is referred to as fraudulent calumny. A Practical Guide to Challenging a Will Due to Undue Influence or Fraudulent Calumny explains what 'undue influence' and what 'fraudulent calumny' are and sets out the framework for challenges to wills where there is such a claim. It also guides the reader through some of the practical issues and difficulties that any disappointed beneficiary may face when making such challenges. These claims are difficult to pursue as they are treated by the courts as being similar to a fraud claim and the guide will be an essential tool for anyone contemplating making or defending such a challenge to a will (whether a lawyer, other professional person, or a beneficiary). ABOUT THE AUTHOR Evan Price is a barrister with over 20 years' experience of disputes involving property, wills, trusts and estates. He practices from Ten Old Square in Lincoln's Inn and is a member of the STEP (the Society of Trusts and Estates Practitioners). He is regularly instructed to assist clients to resolve matters involving broad and knotty issues that require urgent assistance.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Priscilla Camp
Publisher :
ISBN 13 : 9780762615551
Total Pages : 137 pages
Book Rating : 4.6/5 (155 download)
Download or read book Capacity and Undue Influence written by Priscilla Camp and published by . This book was released on 2010 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Action Guide provides a step-by-step method for applying DPCDA and other relevant statutes when assessing capacity and undue influence issues in the office setting and when litigating these issues in court. The authors present the basics of the law governing protected health information under HIPAA and CMIA and how the rules might affect practitioners dealing with the issue of capacity and undue influence. The authors set out the different tests for capacity and undue influence in the context of wills, trusts, marriage, contracts, medical decisions, financial management decisions, and conservatorships. The authors also address the issues of capacity to drive, gifts to disqualified persons, mediation as an alternative to litigation, and litigation issues of standing, burden of proof, presumptions, and rules of evidence specific to each of these contexts. A neuropsychologist expert witness and a psychiatrist medical-legal consultant contribute their professional perspectives."--Scope of guide, [p. ii].
Author : John E. S. Poyser
Publisher :
ISBN 13 : 9780779862665
Total Pages : 805 pages
Book Rating : 4.8/5 (626 download)
Download or read book Capacity and Undue Influence written by John E. S. Poyser and published by . This book was released on 2014 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : F. G. Gallager
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (444 download)
Download or read book A Treatise on Undue Influence in Wills written by F. G. Gallager and published by . This book was released on 1888 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John E.S. Poyser
Publisher :
ISBN 13 : 9780779889181
Total Pages : pages
Book Rating : 4.8/5 (891 download)
Download or read book Capacity and Undue Influence written by John E.S. Poyser and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kelly Purser
Publisher : Springer
ISBN 13 : 3319543474
Total Pages : 202 pages
Book Rating : 4.3/5 (195 download)
Download or read book Capacity Assessment and the Law written by Kelly Purser and published by Springer. This book was released on 2017-05-22 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses theoretical issues, standards, and professional considerations arising when legal and health practitioners undertake legal capacity assessments in the context of wills, enduring powers of attorney and advance health directives. The potential loss of cognition can erode autonomy as individuals lose the ability to make their own legally recognised decisions. This is an inescapable problem with significant legal, social, health and policy repercussions. This work synthesises and critically analyses the existing literature, including some of the best assessment models and guiding principles internationally, to generate a new methodology and understanding of what capacity assessment best practice means. This includes the impact of assessments on individual autonomy - the ideal method building upon respect for both autonomy as well as fundamental human rights. The triggers to assess capacity, who to involve in the assessment process, as well as how to conduct that assessment process are discussed. The crucial relationship between the legal and health professionals involved in assessments, including growing concerns around practitioner liability, is also explored. This analysis is undertaken through the innovative use of a therapeutic jurisprudence lens, the effect of which is to contribute new knowledge to this complex field.
Author : British Columbia Law Institute
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Recommended Practices for Wills Practitioners Relating to Potential Undue Influence written by British Columbia Law Institute and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal practitioners who prepare wills now take care to be satisfied that the will instructions represent the independent wishes of their clients. A forthcoming change in British Columbia law in section 52 of the Wills, Estates and Succession Act requires some heightened awareness of the possibility of undue influence on the part of wills practitioners. Once the section is in force, the onus of proof in cases where undue influence is alleged will shift to the defender of a will in certain circumstances. This change heightens the need for practitioners to be able to recognize sings ("red flags") pointing to the possibility that a client's independent wishes are being overborne by coercive pressures and to take reasonable steps to prevent, to the extent possible, later challenges on the ground of undue influence and to record those steps. A practitioner should anticipate being called as a witness to rebut the new presumption of undue influence. This guide is intended for the use of legal practitioners who prepare wills. It was developed by an interdisciplinary committee with the support of the notary foundation and the lawyers insurance fund. For background the guide surveys the present state of the law relating to undue influence and explains the evidentiary change that section 52 will bring about. The main purposes of the guide, however, are to assist legal practitioners in recognizing ad dealing with situations of potential undue influence, and to set out some guidelines ("recommended practices") that should help to avert undue-influence challenges. While the focus of the guide is on wills practice, much of its contents are also relevant to the preparation of contracts and other personal-planning documents, such as representation agreements and powers of attorney.
Author :
Publisher : Oxford University Press
ISBN 13 : 0198837259
Total Pages : pages
Book Rating : 4.1/5 (988 download)
Download or read book written by and published by Oxford University Press. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : American Bar Association
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)
Download or read book Assessment of Older Adults with Diminished Capacity written by and published by American Bar Association. This book was released on 2008 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mary Joy Quinn
Publisher : Springer Publishing Company
ISBN 13 : 9780826126832
Total Pages : 362 pages
Book Rating : 4.1/5 (268 download)
Download or read book Guardianship of Adults: Achieving Justice, Autonomy, and Safety written by Mary Joy Quinn and published by Springer Publishing Company. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to guardianship -- History of guardianship / written by Erica F. Wood -- Criteria for guardianship -- The guardians -- Alternatives to guardianship -- Guardianship process -- Guardian accountability / written by Sally Balch Hurme -- Working with guardianships -- Working with the guardianship court -- Looking forward.
Author : David Chatterton
Publisher : Cavendish Publishing
ISBN 13 : 1843140888
Total Pages : 123 pages
Book Rating : 4.8/5 (431 download)
Download or read book Practice Notes on Wills written by David Chatterton and published by Cavendish Publishing. This book was released on 2001-03-30 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition follows the format of previous editions, but is updated to take into account significant new cases and legislation, including the Trusts of Land and the Appointment of Trustees Act 1996 and the Trustee Delegation Act 1999. It also deals in depth with the Trustee Bill 2000.
Author : Nicholas K. F. O'Neill
Publisher :
ISBN 13 : 9781743320082
Total Pages : pages
Book Rating : 4.3/5 (2 download)
Download or read book Capacity and the Law written by Nicholas K. F. O'Neill and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309388570
Total Pages : 525 pages
Book Rating : 4.3/5 (93 download)
Download or read book Parenting Matters written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-11-21 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decades of research have demonstrated that the parent-child dyad and the environment of the familyâ€"which includes all primary caregiversâ€"are at the foundation of children's well- being and healthy development. From birth, children are learning and rely on parents and the other caregivers in their lives to protect and care for them. The impact of parents may never be greater than during the earliest years of life, when a child's brain is rapidly developing and when nearly all of her or his experiences are created and shaped by parents and the family environment. Parents help children build and refine their knowledge and skills, charting a trajectory for their health and well-being during childhood and beyond. The experience of parenting also impacts parents themselves. For instance, parenting can enrich and give focus to parents' lives; generate stress or calm; and create any number of emotions, including feelings of happiness, sadness, fulfillment, and anger. Parenting of young children today takes place in the context of significant ongoing developments. These include: a rapidly growing body of science on early childhood, increases in funding for programs and services for families, changing demographics of the U.S. population, and greater diversity of family structure. Additionally, parenting is increasingly being shaped by technology and increased access to information about parenting. Parenting Matters identifies parenting knowledge, attitudes, and practices associated with positive developmental outcomes in children ages 0-8; universal/preventive and targeted strategies used in a variety of settings that have been effective with parents of young children and that support the identified knowledge, attitudes, and practices; and barriers to and facilitators for parents' use of practices that lead to healthy child outcomes as well as their participation in effective programs and services. This report makes recommendations directed at an array of stakeholders, for promoting the wide-scale adoption of effective programs and services for parents and on areas that warrant further research to inform policy and practice. It is meant to serve as a roadmap for the future of parenting policy, research, and practice in the United States.
