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Book Chapter: An Asian Approach to Mental Capacity for Wills and Lasting Powers
Title | An Asian Approach to Mental Capacity for Wills and Lasting Powers |
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Authors | |
Keywords | Testamentary capacity Lasting powers of attorney |
Issue Date | 2021 |
Publisher | Cambridge University Press. |
Citation | An Asian Approach to Mental Capacity for Wills and Lasting Powers. In Richard Nolan, Tang Hang Wu and Yip Man (Eds.), Trusts and Private Wealth Management: Developments and Directions. Cambridge University Press, 2021, forthcoming How to Cite? |
Abstract | This chapter addresses the tension associated with applying English capacity law in the predominantly Chinese cultural contexts of Hong Kong and Singapore. Some judges in these Asian jurisdictions interpret even the most basic elements of the law to take into account the value of family protection. Some judges are committed to respecting the autonomous preferences of individuals in much the same way as their English counterparts. The tension in the court’s approach mirrors that in Hong Kong and Singaporean societies, where a predominantly Chinese culture is constantly evolving in response to western values. This chapter considers this tension with respect to wills and LPAs, arguing that respect for autonomy requires outcome- based considerations to be relevant only to demonstrate the coherence of the decision-making process. |
Persistent Identifier | http://hdl.handle.net/10722/298997 |
SSRN |
DC Field | Value | Language |
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dc.contributor.author | Ho, L | - |
dc.date.accessioned | 2021-04-22T06:50:21Z | - |
dc.date.available | 2021-04-22T06:50:21Z | - |
dc.date.issued | 2021 | - |
dc.identifier.citation | An Asian Approach to Mental Capacity for Wills and Lasting Powers. In Richard Nolan, Tang Hang Wu and Yip Man (Eds.), Trusts and Private Wealth Management: Developments and Directions. Cambridge University Press, 2021, forthcoming | - |
dc.identifier.uri | http://hdl.handle.net/10722/298997 | - |
dc.description.abstract | This chapter addresses the tension associated with applying English capacity law in the predominantly Chinese cultural contexts of Hong Kong and Singapore. Some judges in these Asian jurisdictions interpret even the most basic elements of the law to take into account the value of family protection. Some judges are committed to respecting the autonomous preferences of individuals in much the same way as their English counterparts. The tension in the court’s approach mirrors that in Hong Kong and Singaporean societies, where a predominantly Chinese culture is constantly evolving in response to western values. This chapter considers this tension with respect to wills and LPAs, arguing that respect for autonomy requires outcome- based considerations to be relevant only to demonstrate the coherence of the decision-making process. | - |
dc.language | eng | - |
dc.publisher | Cambridge University Press. | - |
dc.relation.ispartof | Trusts and Private Wealth Management: Developments and Directions | - |
dc.subject | Testamentary capacity | - |
dc.subject | Lasting powers of attorney | - |
dc.title | An Asian Approach to Mental Capacity for Wills and Lasting Powers | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Ho, L: lusinaho@hku.hk | - |
dc.identifier.authority | Ho, L=rp01250 | - |
dc.identifier.hkuros | 328239 | - |
dc.identifier.ssrn | 3797343 | - |
dc.identifier.hkulrp | 2021/004 | - |