On Demand

Establishing Capacity in Will Contests in New York


Created on September 14, 2016




What does a testator need to know and understand in order to make a valid Will?  

How can one prove that a testator had mental capacity and survive a Will contest?  

In this course, Hillary Frommer examines these questions, focusing on the value of medical records and the use of expert testimony in the course of will contests in New York. This presentation addresses what a testator needs to know and understand in order to make a will, and explore how one proves testamentary capacity to survive a will contest. 

Learning Objectives:
  1. Identify the elements of testamentary capacity
  2. Understand the presumption of testamentary capacity
  3. Discuss how medical records are used to prove testamentary capacity
  4. Recognize what expert testimony is often used to prove testamentary capacity
  5. Grasp how the courts weigh the admissibility of such evidence

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