Is the Will Valid? Testator Mental Capacity and Influence by Heirs

National Business Institute
Training overview
Professional Course
1.5 hours
From 229 USD

Start dates
229 USD
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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.

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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

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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...

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National Business Institute

1218 McCann Dr
54720 Altoona WI

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