Forensic Psychiatry in Probate Litigation: Assessing Testamentary Capacity and Undue Influence

How do courts determine whether someone had the mental capacity to sign a will or whether they were manipulated into making estate decisions? In this episode of Emotional Damages, host Dr. Ambarin Faizi sits down with forensic psychiatrist Dr. Mark Levy and estate litigation attorney Dewey Harpainter to explore the complexities of testamentary capacity and undue influence in estate disputes.Key topics discussed include:The legal and psychiatric criteria for testamentary capacityHow undue influence is identified and proven in courtThe role of forensic psychiatry in evaluating estate and trust disputesWhy retrospective capacity evaluations are challenging but critical in litigationKey considerations for attorneys handling will contests and trust disputesFor attorneys navigating estate litigation, elder law, or capacity-related claims, this episode provides essential insights into the intersection of law, mental health, and forensic psychiatry. Have a topic you would like covered on the pod? 📧 Email us: [email protected]🔗 Connect with fpamed: 🌐 Visit our website.👋 Follow us on LinkedIn.