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[Closed Captioned] 2021 Financial Elder Abuse Symposium: Delusions’ Impact on Testamentary Capacity and Susceptibility to Undue Influence
Trusts & Estates Section
Credit(s):
1.5 Legal Specialization in Estate Planning; Trust & Probate Law
1.5 Participatory MCLE Credits
Panelist will cover the concept of delusions, their medical and legal distinctions, their differentiation from mistaken beliefs and relevant statutory and case law governing delusions’ impact on the validity of testamentary instruments. The panel will examine the most common categories of delusions, the illnesses that cause them, the types of delusions that do and do not invalidate testamentary instruments and the strict “But For” and “Absence of Single Supporting Fact” Tests applied under California case law. The panelists will review the evidence required at trial to prove up the delusion, the witnesses and documents that may be needed, and the hurdles to entering such material into evidence. The panelists will explore and explain their own hypothetical revisions to Probate Code §6100.5 to clarify governing law and eliminate inequitable results from strict application of “Absence of Single Supporting Fact” Test. The panel will end discussing common fact patterns (hypotheticals) that include testators who are susceptible to undue influence and suffer from delusions and panelists’ perspectives on whether particular delusions are invalidating or harmless under the given facts.
1.5 Legal Specialization in Estate Planning; Trust & Probate Law
1.5 Participatory MCLE Credits
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