Tag Archives: Testamentary Capacity

Capacity Assessments for Older Adults Making Changes to their Last Will and Testament

    Recently, more and more attorneys and well advised families have approached our office seeking Testamentary Capacity Evaluations on elderly individuals who have decided to make changes to their Last Will and Testament. These evaluations are particularly helpful when dealing with high asset estates and conflictual families. They serve to preserve the testator’s wishes regarding the distribution of their estate, and avoid future claims of undue influence that could potentially invalidate a will. In these situations, there is no room for error; the forensic psychologist must know what they are doing, have a reputation for honesty and unbiased opinions, and have the ability to present information effectively on the witness stand. Dr. Kristin Tolbert, a licensed clinical and forensic psychologist in Palm Beach …