Winning a Will Contest Using Medical Records to Support Lack of Capacity
(This session is a live webcast only; no in-person attendance available)
12:00 noon-1:15 p.m. (EST)
NYSBA Trusts and Estates Law Section
NYSBA Committee on Continuing Legal Education
1.5 MCLE Credit: 1.0 Professional Practice; 0.5 Skills
This advanced-level webcast has been approved for MCLE credit in New York for all
attorneys, except those who are newly admitted (less than 24 months).
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 seventy-five minute webcast 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
Gary Bashian and Irving Farber have decades of combined litigation experience and are eager to offer the greater Trusts and Estates legal community their insight regarding this fundamental aspect of Surrogate’s Court practice.
Gary E. Bashian and Irving O. Farber
Bashian & Farber, LLP
White Plains, NY
NYSBA Member: $95
Trusts and Estates Law Section Member: $80.75
Note: Registration fees increase ten days prior to the program date.
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