Lawyer Monthly - November 2022

involve analysis of the decedent’s psychological health. Conditions that affect mental capacity include illness, effects of medication, depression, isolation and social factors, such as dependency. In these cases, the attorney should retain a licensed gerontology psychiatrist to interview the testator, or at minimum read depositions of witnesses and review the decedent’s medical records. If the testator is vulnerable then the attorney must analyse what affirmative steps were taken to exploit that particular vulnerability. It is not illegal to try to ask a person to name you in a will or to drive your mother to the attorney’s office. It may be illegal, however, when a request turns into actual pressure, such as repeating propaganda intending to persuade an otherwise healthy mind to believe a particular A poorly drafted estate plan or improper administration of the estate are common causes of litigation.

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