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Conference Paper: Capacity and Undue influence: A Unified Approach for Wills and Lifetime Dispositions
Title | Capacity and Undue influence: A Unified Approach for Wills and Lifetime Dispositions |
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Authors | |
Issue Date | 2019 |
Citation | The third Conference in the “Modern Studies in the Law of Trusts and Wealth Management” series: Asian Wealth and the Global Context, Singapore, 1-2 August 2019 How to Cite? |
Abstract | As the result of longevity, ageing, and the prevalence of dementia, an increasing number of elderly people are vulnerable to financial abuse from within their families and beyond. The doctrines of capacity, undue influence, and lack of knowledge and approval of the will play a significant role in ascertaining the genuine intention of elderly adults in the making of inter vivos and testamentary gifts. These doctrines apply very differently depending on when the gift is intended to take effect. The present paper challenges this divide. It argues that situations where allegations of lifetime gifts are made after the passing of the donor do not justify a sharp dichotomy in approach from testamentary gifts, and calls for a more fine-tuned approach that accurately reflects the differences. In particular, it considers: (a) the
extension of the presumption of capacity to testamentary gifts; (b) the extension of the current scope of undue influence in relation to wills; and (c) the proper role of the doctrine of lack of knowledge and approval of the will. It is hoped that a more coherent and rational framework will emerge from the calibration proposed by the paper. |
Description | Co-organised by the Singapore Academy of Law, the Centre for Cross-Border Commercial Law in Asia Singapore Management University, and the University of York with the support of Trust Law International. Concurrent Session 5A: Family Wealth Disputes in Hong Kong and Singapore |
Persistent Identifier | http://hdl.handle.net/10722/290747 |
DC Field | Value | Language |
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dc.contributor.author | Ho, LKS | - |
dc.contributor.author | Yeung, C | - |
dc.date.accessioned | 2020-11-02T05:46:33Z | - |
dc.date.available | 2020-11-02T05:46:33Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | The third Conference in the “Modern Studies in the Law of Trusts and Wealth Management” series: Asian Wealth and the Global Context, Singapore, 1-2 August 2019 | - |
dc.identifier.uri | http://hdl.handle.net/10722/290747 | - |
dc.description | Co-organised by the Singapore Academy of Law, the Centre for Cross-Border Commercial Law in Asia Singapore Management University, and the University of York with the support of Trust Law International. | - |
dc.description | Concurrent Session 5A: Family Wealth Disputes in Hong Kong and Singapore | - |
dc.description.abstract | As the result of longevity, ageing, and the prevalence of dementia, an increasing number of elderly people are vulnerable to financial abuse from within their families and beyond. The doctrines of capacity, undue influence, and lack of knowledge and approval of the will play a significant role in ascertaining the genuine intention of elderly adults in the making of inter vivos and testamentary gifts. These doctrines apply very differently depending on when the gift is intended to take effect. The present paper challenges this divide. It argues that situations where allegations of lifetime gifts are made after the passing of the donor do not justify a sharp dichotomy in approach from testamentary gifts, and calls for a more fine-tuned approach that accurately reflects the differences. In particular, it considers: (a) the extension of the presumption of capacity to testamentary gifts; (b) the extension of the current scope of undue influence in relation to wills; and (c) the proper role of the doctrine of lack of knowledge and approval of the will. It is hoped that a more coherent and rational framework will emerge from the calibration proposed by the paper. | - |
dc.language | eng | - |
dc.relation.ispartof | Modern Studies in the Law of Trusts and Wealth Management: Asian Wealth and the Global Context Conference | - |
dc.title | Capacity and Undue influence: A Unified Approach for Wills and Lifetime Dispositions | - |
dc.type | Conference_Paper | - |
dc.identifier.email | Ho, LKS: lusinaho@hku.hk | - |
dc.identifier.authority | Ho, LKS=rp01250 | - |
dc.identifier.hkuros | 318018 | - |
dc.publisher.place | Singapore | - |