Is the Will Valid? Testator Mental Capacity and Influence by Heirs
National Business Institute
Course description
Is the Will Valid? Testator Mental Capacity and Influence by Heirs
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 program 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.
Training content
- 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
Why choose NBI?
More than 1.3 million professionals have trusted NBI with their training
With 35+ years of expertise, we understand the needs of professionals seeking continuing education
Our diverse catalog of 4,000+ courses covers topics in all legal disciplines
About NBI
National Business Institute
At NBI, we believe that enhancing professional knowledge through continuing education empowers our customers to better serve their community. With over 35 years of experience, we understand the needs of legal professionals seeking continuing education and we are dedicated to...
Contact this provider
Contact info
National Business Institute
Have a question about this course? Fill out this form and the provider will get in touch with you shortly