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Section | Probate and Estate Planning


Testamentary Capacity Standards: From Drafting through Trial

Hon. Elaine Rushing | (Ret.)
Ronald Wargo
Dr. Jonathan Canick
Walter Cook

What mental capacity standards apply in California civil litigation? This panel: a retired Superior Court judge, an estate planner, a neuropsychologist, and a litigator, will address evidencing and demonstrating a testator’s/settlor’s capacity to make, amend or revoke estate planning instruments. Judge Elaine Rushing will explain the divergence between testamentary and contractual capacity. Ronald Wargo will address capacity for the drafting attorney. Dr. Jonathan Canick will address the neuropsychological approach to capacity. Walter Cook will discuss litigating capacity cases, including special requirements for settlements.

1.0 CLE | General

Brown Bag Lunch


Mee Mee Wong | Email
Kiersten Ross | Email

01/16/2019 12:00 PM 01/16/2019 1:30 PM America/Los_Angeles SECTION MEETING Testamentary Capacity Standards: From Drafting through Trial Town Center Community Room, 770 Tamalpais Drive, Suite 201, Corte Madera, CA, 94925 Marin County Bar Association false MM/DD/YYYY


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Date and Location

Wednesday | January 16, 2019

Town Center Community Room
770 Tamalpais Drive, Suite 201
Corte Madera, CA 94925

Speaker Information

Hon. Elaine Rushing


Hon. Elaine Rushing (Ret.) is a full time neutral at JAMS and has extensive experience with estate and probate matters having served on the Probate Bench of the Sonoma County Superior Court for five years in the course of her nearly 20-year judicial career. Subsequently, Judge Rushing was selected to teach probate to sitting judges as part of the Continuing Judicial Studies Program. While on the Bench, she handled hundreds of settlement conferences including contested accounting, estates, trusts, and conservatorships. At JAMS, Judge Rushing regularly serves as a temporary judge, mediator, arbitrator, or referee in these matters.

Ronald Wargo

Dr. Jonathan Canick

Walter Cook