Testamentary Capacity

In order to avoid or reduce the risk of future litigation, prior to changing or writing a will your client can obtain a testamentary capacity evaluation. The assessment of testamentary capacity and its interrelationship with vulnerability to undue influence can help to establish a strong deterrent to challenging a will. In the alternative, a capacity evaluation can also assist the trier of fact in determining if a testator was legally competent to execute a will or trust.