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Dissertation
Testamentary competence: defining functional abilities
Doctor of Philosophy (Ph.D.), Drexel University
Apr 2009
DOI:
https://doi.org/10.17918/etd-3033
Abstract
Functional legal capacities are an essential part of any legal competency. In the area of testamentary competence, however, there has been almost no research focusing on such capacities. This study examines empirically the functional capacities associated with testamentary competence. A total of 332 doctoral-level psychologists selected for their experience in forensic psychology or aging were administered a vignette describing a woman who wants to make a will. The vignette systematically manipulated the variables (a) knowing that the will transfers property, (b) knowing important assets owned, (c) able to name heirs and detail relationship, and (d) able to explain a non-delusional rationale. Participants answered additional questions regarding relevant variables associated with testamentary competence. Results provided support for the hypothesis that the testator's knowledge of transfer, important assets, ability to name heirs and relationship, and ability to express a non-delusional rationale positively related to a finding of testamentary competence. Further, a number of additional factors were indentified that could be useful in future research.
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Details
- Title
- Testamentary competence
- Creators
- Christina M. Finello - DU
- Contributors
- Kirk Heilbrun (Advisor) - Drexel University (1970-)
- Awarding Institution
- Drexel University
- Degree Awarded
- Doctor of Philosophy (Ph.D.)
- Publisher
- Drexel University; Philadelphia, Pennsylvania
- Resource Type
- Dissertation
- Language
- English
- Academic Unit
- Psychological and Brain Sciences (Psychology); College of Arts and Sciences; Drexel University
- Other Identifier
- 3033; 991014632543704721