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Succession law: What's capacity got to do with it?

Christine Smyth

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Abstract

While specifically addressing the issue of the right to make funeral arrangements, this Supreme Court of Queensland case raises important questions on the intersection of diminished capacity, late-life marriage, the revocation of a will by that marriage, and testamentary capacity to make a new will.

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What this paper is about

While specifically addressing the issue of the right to make funeral arrangements, this Supreme Court of Queensland case raises important questions on the intersection of diminished capacity, late-life marriage, the revocation of a will by that marriage, and testamentary capacity to make a new will.

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Available abstract

While specifically addressing the issue of the right to make funeral arrangements, this Supreme Court of Queensland case raises important questions on the intersection of diminished capacity, late-life marriage, the revocation of a will by that marriage, and testamentary capacity to make a new will.

Key concepts: Testamentary trust, Revocation, Law, Project commissioning, Supreme court, Publishing, Political science, Ecological succession

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