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Proving and Contesting Client's Ability to Make Informed, Independent Legal Decisions

The grantor's capacity to express his or her wishes clearly is the cornerstone and the absolute minimal pre-requisite for a valid and effective estate plan. Whether drafting a will, signing a power of attorney, or creating a trust, the attorney must be sure the clients are able to speak for themselves. But what if the will is contested for "undue influence" at estate administration? This practical legal guide focuses on both ensuring your client is of sound mind when signing legal documents and on litigating capacity after the fact of legal document creation. Find out what evidence is required and sufficient to prove or contest client capacity and undue influence - register today!

  • Make absolutely certain every aging client is capable of making estate planning decisions with these key series of questions and tests.
  • Learn what evidence is the most effective when proving testamentary capacity in will contests.
  • Make the best use of medical and other expert witnesses in "undue influence" disputes.

Session Time: 11:00 AM - 12:30 PM Eastern
Presenter: Thad A. Davis

  • Types of Capacity
  • What the Testator is Expected to Be Able to Understand and Do
  • Ensuring/Documenting Testamentary Capacity at Signing of the Estate Planning Documents: Key Questions to Ask
  • Testamentary Capacity in Will Contests: Burden of Proof and Medical Evidence
  • The Will as Evidence of Lost Capacity (Assessing Reasonableness of Provisions)
  • Undue Influence
    • Definition
    • Key Evidence to Prove "The Existence and Exertion of an Influence"
    • Proving "the Use of Influence to Subvert or Overpower the Mind of the Testator at the Time of the Execution of the Testament"
    • Proving "the Execution of the Testament Which the Maker Thereof Would not Have Executed but for Such Influence"
    • Critical Case Law
  • Fact Witnesses
  • Medical and Other Expert Witnesses

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