Testamentary capacity to create or revoke a will or trust is one of the most argued and litigated matters in probate courts. Various grounds exist to challenge a will and trust, with the most common claims being that the person who executed the questioned document either lacked the required mental capacity or was subject to undue influence by another.
When the contested will or trust involves a decedent, the Bernatz Expert takes on an investigative role and performs a psychological/neuropsychological “autopsy”—gathering information about a decedents medical, psychological, social, environmental, financial, and legal functioning prior to and at the time of signing the document in question.
Case Example:
A Bernatz Expert was retained to evaluate an 82-year-old gentleman who wanted to amend his Trust and Will and make changes to his estate plan. He lived alone although his adult financially dependent son had recently moved back and lived in his father’s guest studio. The evaluation was conducted which determined that while he had Testamentary Capacity; having no significant cognitive deficits that interfered with his ability to change his will and trust, he was significantly susceptible and subject to undue influence by his dependent son.