Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
This paper examines the development of the doctrine that restricts lestation to competent persons, and the use of expert testimony in implementing that doctrine. Since 1870 the leading articulation of this doctrine has been Lord Cockburn’s Rule, which among other things requires that the testator knew the “natural objects of his bounty” at the time the will was made. The facultative theory of mind underlying Lord Cockburn’s Rule is consistent with the contemporary, “functional” approach to competency to make medical decisions taken by the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Where expert testimony, based on training in the behavioral sciences, takes a functional approach to discovering the nature of the testator’s values regarding other persons, it can assist the trier of fact significantly more than the lay opinion testimony which many courts have preferred in questions of testamentary competency. The concern of commentators that courts make false attributions of testamentary competency out of a perceived need to protect the family would be lessened, and the freedom of testation promoted, if courts directed their attention, through the kind of expert testimony proposed. to the testator’s “psychological” family, instead of the persons identified as family members in intestacy statutes.
Law and Human Behavior – American Psychological Association
Published: Jun 1, 1985
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.