| “It is difficult to challenge the validity of a will on the grounds of mental incapacity, lack of intention or free will on the part of the testator. Strong evidence is needed to rebut the presumption of validity.” |
Explain and evaluate the above grounds for challenging the validity of a will and consider whether the above statement is correct.
Assessment criteria
- Demonstrating a sound knowledge and conceptual understanding of the question
- Locating, selecting and making effective use of primary and secondary sources relevant to the question.
- Conveying different points of arguments and backing them with academic sources and writers e.g. journals, articles etc.
- Presenting an answer in an appropriate structure, including identifying and explaining the relevant issues, setting out and explaining the relevant law, evaluating arguments and reaching a logical conclusion or opinion.
- OSCOLA referencing, maximum word count 3000.
- Excellent knowledge and understanding demonstrating a breadth and depth of substantive knowledge that is comprehensive accurate and relevant to the learning outcomes. Evidence of selection of a wide range of appropriate sources and evaluation / application of reading and research with consideration given to opposing arguments. Excellent demonstration of relevant skills; excellent communication with very good use of grammar, spelling and language conventions.
Research paper format:
Main body:
- Structure
Your research paper should be written as an academic piece of research and so should follow the generally applied format for academic writing as set out below.
You should set out your title at the beginning.
Introduction: should outline your topic and how by answering it you will reach a reasoned conclusion.
Main body of Extended Essay: Should detail the research, evaluation and analysis of it which led you to your conclusion. Use headings and sub-headings to clearly distinguish the various aspects of your research (see below for guidance on format of headings).
Conclusion: the presentation of your personal reasoned conclusion based on your evaluation of the legal arguments.
- Headings
As indicated above the main body of the work should use headings and sub- headings etc as appropriate. You should use a consistent style for dividing headings from sub-headings.
- Use footnotes, OSCOLA referencing
Bibilography:
- Table of cases
- Table of legislation
- Secondary sources