Trusts, Estates & Probate

4.61

Testamentary Capacity and Undue Influence in Estate Planning and Litigation

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1.5 Total
Alabama CLE Approved 1.5 Total
Arkansas CLE Approved 1.5 Total
Arizona CLE Approved 1.5 Total
California CLE Approved 1.5 Total
Colorado CLE Approved 2 Total
Connecticut CLE Approved 1.5 Total
Delaware CLE Approved 1.5 Total
Florida CLE Approved 2 Total
Georgia CLE Approved 1.5 Total
Hawaii CLE Approved 1.5 Total
Iowa CLE Upon Request 1.5 Total
Illinois CLE Approved 1.5 Total
Indiana CLE Approved 1.5 Total
Kansas CLE Approved 1.5 Total
Kentucky CLE Approved 1.5 Total
Maine CLE Approved 1.5 Total
Minnesota CLE Approved 1.5 Total
Missouri CLE Approved 1.8 Total
Northern Mariana Islands CLE Approved 1.5 Total
Mississippi CLE Upon Request 1.5 Total
Montana CLE Approved 1.5 Total
North Carolina CLE Approved 1.5 Total
North Dakota CLE Approved 1.5 Total
Nebraska CLE Approved 1.5 Total
New Hampshire CLE Approved 1.5 Total
New Jersey CLE Approved 1.8 Total
New Mexico CLE Approved 1.5 Total
Nevada CLE Approved 1.5 Total
New York CLE Approved 1.5 Total
Ohio CLE Approved 1.5 Total
Oklahoma CLE Approved 2 Total
Oregon CLE Approved 1.5 Total
Pennsylvania CLE Approved 1.5 Total
Rhode Island CLE Upon Request 1.5 Total
South Carolina CLE Approved 1.5 Total
Tennessee CLE Approved 1.5 Total
Texas CLE Approved 1.5 Total
Utah CLE Approved 1.5 Total
Virginia CLE Approved 1.5 Total
Vermont CLE Approved 1.5 Total
Washington CLE Approved 1.5 Total
Wisconsin CLE Approved 1.5 Total
West Virginia CLE Approved 1.8 Total
Wyoming CLE Approved 1.5 Total
North Carolina Continuing Paralegal Education Approved 1.5 Total
OnDemand
1 hours 28 minutes
Andy Hall
With Andy Hall from King Hall LLC
Recorded February 12, 2026.
Product ID 101572

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Overview

Proving and Contesting Client's Ability to Make Informed, Independent Legal Decisions

The grantor's capacity to express his or her wishes clearly is the cornerstone and the absolute minimal pre-requisite for a valid and effective estate plan. Whether drafting a will, signing a power of attorney, or creating a trust, the attorney must be sure the clients are able to speak for themselves. But what if the will is contested for "undue influence" at estate administration? This program focuses on both ensuring your client is of sound mind when signing legal documents and on litigating capacity after the fact of legal document creation. Find out what evidence is required and sufficient to prove or contest client capacity and undue influence - register today!

  • Make absolutely certain every aging client is capable of making estate planning decisions with these key series of questions and tests.
  • Learn what evidence is the most effective when proving testamentary capacity in will contests.
  • Make the best use of medical and other expert witnesses in "undue influence" disputes.

Abbreviated Agenda

  1. Types of Capacity
  2. What the Testator is Expected to Be Able to Understand and Do
  3. Ensuring/Documenting Testamentary Capacity at Signing: Key Questions to Ask
  4. Testamentary Capacity in Will Contests: Burden of Proof and Medical Evidence
  5. The Will as Evidence of Lost Capacity (Assessing Reasonableness of Provisions)
  6. Undue Influence Definition, Proof, and Critical Case Law
  7. Fact Witnesses
  8. Medical and Other Expert Witnesses

Related Topics

Product ID 101572

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1.5 Total
Alabama CLE Approved 1.5 Total
Arkansas CLE Approved 1.5 Total
Arizona CLE Approved 1.5 Total
California CLE Approved 1.5 Total
Colorado CLE Approved 2 Total
Connecticut CLE Approved 1.5 Total
Delaware CLE Approved 1.5 Total
Florida CLE Approved 2 Total
Georgia CLE Approved 1.5 Total
Hawaii CLE Approved 1.5 Total
Iowa CLE Upon Request 1.5 Total
Illinois CLE Approved 1.5 Total
Indiana CLE Approved 1.5 Total
Kansas CLE Approved 1.5 Total
Kentucky CLE Approved 1.5 Total
Maine CLE Approved 1.5 Total
Minnesota CLE Approved 1.5 Total
Missouri CLE Approved 1.8 Total
Northern Mariana Islands CLE Approved 1.5 Total
Mississippi CLE Upon Request 1.5 Total
Montana CLE Approved 1.5 Total
North Carolina CLE Approved 1.5 Total
North Dakota CLE Approved 1.5 Total
Nebraska CLE Approved 1.5 Total
New Hampshire CLE Approved 1.5 Total
New Jersey CLE Approved 1.8 Total
New Mexico CLE Approved 1.5 Total
Nevada CLE Approved 1.5 Total
New York CLE Approved 1.5 Total
Ohio CLE Approved 1.5 Total
Oklahoma CLE Approved 2 Total
Oregon CLE Approved 1.5 Total
Pennsylvania CLE Approved 1.5 Total
Rhode Island CLE Upon Request 1.5 Total
South Carolina CLE Approved 1.5 Total
Tennessee CLE Approved 1.5 Total
Texas CLE Approved 1.5 Total
Utah CLE Approved 1.5 Total
Virginia CLE Approved 1.5 Total
Vermont CLE Approved 1.5 Total
Washington CLE Approved 1.5 Total
Wisconsin CLE Approved 1.5 Total
West Virginia CLE Approved 1.8 Total
Wyoming CLE Approved 1.5 Total
North Carolina Continuing Paralegal Education Approved 1.5 Total
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Paralegal

Agenda

All times are shown in

  1. Testamentary Capacity and Undue Influence in Estate Planning and Litigation

    1. Types of Capacity
    2. What the Testator is Expected to Be Able to Understand and Do
    3. Ensuring/Documenting Testamentary Capacity at Signing: Key Questions to Ask
    4. Testamentary Capacity in Will Contests: Burden of Proof and Medical Evidence
    5. The Will as Evidence of Lost Capacity (Assessing Reasonableness of Provisions)
    6. Undue Influence Definition, Proof, and Critical Case Law
    7. Fact Witnesses
    8. Medical and Other Expert Witnesses

Who Should Attend

This legal course on client capacity is designed for attorneys. It will also benefit estate planners, fiduciaries, nursing home administrators, and paralegals.

Speakers

Andy Hall
Andy
Hall
King Hall LLC
Speaker bio
Andy Hall

Andy Hall

King Hall LLC
Andy Hall

is a member attorney at the firm of King Hall LLC. He has served as counsel in more than five hundred contested and uncontested guardianship proceedings in the Circuit Courts (including multiple jury trials). Andy has been identified as an expert witness and special counsel on the subject of estate and trust litigation, and has been qualified and testified as an expert witness before the Circuit Court of Maryland on the subject of legal capacity. Andy is a Fellow of the Maryland Bar Foundation, a past president of the Hon. James A. Macgill American Inn of Court serving trial lawyers and jurists in Howard County, Maryland. And named to the Maryland Super Lawyers® Top 100 for 2025 in the area of estate and trust litigation. He earned his J.D. degree, cum laude, from the American University Washington College of Law, his M.A. degree from the American University School of International Service and his B.A. degree, cum laude, from Salisbury University.

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