Probate Disputes: Discussing Capacity, Influence, and Fraud with Mike Kenny

In this episode of Future Focused: Sophisticated Estate Planning, Host Michael Clear is joined by Litigation Partner Michael Kenny, where they discuss the complexities of probate disputes, focusing on will contests particularly related to undue influence and testamentary capacity. As people live longer and healthier lives, Michael Kenny notes that there is growing awareness of complex personal relationships that extend beyond traditional family heirs. They review legal standards, evidentiary challenges, emerging trends, and methods for reducing disputes during estate planning, such as including no-contest clauses and ensuring the decedent’s intentions are conveyed directly to the draftsperson rather than through an intermediary who could exert influence.