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
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: Suggested Citation