The Best Use of Forensic Psychiatrists and Forensic Neuropsychologists in Probate Litigation

In probate litigation, legal questions surrounding testamentary and contractual capacity, as well as allegations of undue influence, are increasingly complex-especially in aging populations. Forensic psychiatrists and neuropsychologists play a vital role in assessing these issues through clinical expertise, functional evaluations, and evidence-based analysis.

In this program, Dr. Mark Levy and Dr. Nancy Hoffman-two nationally recognized forensic experts-will guide attorneys through the best practices for leveraging expert testimony in contested will and trust matters. Using real-world case examples, statutory guidance, and clinical frameworks, the speakers will explain how mental status evaluations, cognitive assessments, and circumstantial evidence can substantiate or challenge claims of capacity and undue influence. Attendees will gain a deeper understanding of how to interpret expert findings and strategically use them in litigation.

Whether evaluating capacity pre- or post-mortem or assessing the psychological dynamics of undue influence, this program provides essential tools for attorneys navigating high-stakes probate disputes.

Learning Objectives:

1. Identify the criteria for testamentary and contractual capacity and apply relevant probate code provisions to capacity disputes

2. Recognize signs and patterns of undue influence and understand the legal and psychological factors that support or refute such claims

3. Distinguish between diagnostic and functional capacity assessments and understand their relevance in will and trust contests

4. Evaluate the strengths and limitations of pre- and post-mortem forensic evaluations, including the role of neurocognitive testing and documentary evidence

5. Effectively collaborate with forensic mental health experts and utilize their findings in litigation strategy and courtroom testimony