Testamentary Capacity Standards: From Drafting through Trial
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.