Testamentary Capacity & Undue Influence in Estate Planning
Will challenges are often based on claims that the testator lacked the capacity to execute a will, or that the will was the result of undue influence. These are not easy matters to assess, especially with new clients for whom you have no frame of reference. As a practitioner, you must assume that the will you are drafting could be contested, and take clear steps to rule out issues of incapacity and undue influence and build a record documenting your conclusions. This exciting new webinar featuring experienced estates counsel Mark Weintraub QC will review your duties when taking will planning instructions, offer practical techniques you can use to evaluate capacity and undue influence, and discuss how to better help or decline to help a prospective client, while protecting your practice from claims of negligence. By the end of the program you will:
- Better understand the concepts and context that govern testamentary capacity and undue influence
- Be more alert to signs of testamentary incapacity or undue influence
- Improve your ability to assist clients where capacity may be an issue, and respond to concerns of undue influence
- Know how to protect yourself and assist the court by creating a complete and accurate record
Don’t miss this highly practical presentation exploring issues involved in assessing incapacity and undue influence in will planning engagements and in litigation!
Live webinar with chat includes 60 day replay. This program features real-time audio of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A.