Reversing Testamentary Dispositions in Favour of Informal Carers

in B Häcker & C Mitchell (eds), "Current Issues in Succession Law" (Hart, 2016)

University of Cambridge Faculty of Law Research Paper No. 33/2016

23 Pages Posted: 21 Jul 2016 Last revised: 27 Jul 2016

See all articles by Brian Sloan

Brian Sloan

University of Cambridge - Robinson College, Cambridge; University of Cambridge - Faculty of Law

Date Written: July 1, 2016

Abstract

This chapter begins by considering the context of testamentary gifts for informal carers and the range of possible challenges to them. It then focuses on the appropriateness and the efficacy of the testamentary undue influence doctrine as a means of reversing testamentary dispositions in favour of informal carers. In particular, it considers the relevance of informal care to normative debates about whether a presumption of testamentary undue influence should be introduced to match the equivalent inter vivos presumption.

Keywords: wills, undue influence, care, probate, equity, chancery

JEL Classification: K41, K11, K36

Suggested Citation

Sloan, Brian, Reversing Testamentary Dispositions in Favour of Informal Carers (July 1, 2016). in B Häcker & C Mitchell (eds), "Current Issues in Succession Law" (Hart, 2016), University of Cambridge Faculty of Law Research Paper No. 33/2016, Available at SSRN: https://ssrn.com/abstract=2812109

Brian Sloan (Contact Author)

University of Cambridge - Robinson College, Cambridge ( email )

Grange Road
Cambridge, CB3 9AN
United Kingdom

HOME PAGE: http://www.robinson.cam.ac.uk/fellows/brian-sloan

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/bd-sloan/409

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