Winning a Will Contest Using Medical Records (2015)

Total MCLE Credits: 1.5: Professional Practice 1.0, Skills .5

When one thinks of Surrogate’s Court litigation, will contests immediately come to mind.

Though each of the grounds for objecting to probate presents unique challenges for any advocate, objections based on a Testator’s lack of testamentary capacity can be particularly difficult for a host of reasons.

This program will explore the intricacies of objecting to probate based on a Testator’s lack of testamentary capacity, with a focus on the effective use of medical records and testimony during the discovery process, motion practice, and ultimately at trial.

Among the areas highlighted by the speakers will be:

     ·  how an Objectant can successfully meet his/her burden of proof

     ·  the applicable standard of proof and its impact on the case as a whole
     
     ·  the evidentiary rules governing admissibility of medical records

     ·  how to establish a Testator’s lack of testamentary capacity through the use of medical records and testimony