Emotional Damages Episode 5 Recap: Testamentary Capacity & Undue Influence: The Role of Forensic Psychiatry in Estate Litigation

Disputes over wills and trusts can quickly turn into complex legal battles, especially when questions arise about whether the testator had the mental capacity to make sound decisions or whether they were coerced into changing their estate plan. In these cases, forensic psychiatric evaluations play a key role in determining testamentary capacity and undue influence—two of the most contested issues in estate litigation.

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 how courts assess mental competence and how forensic experts evaluate undue influence claims. Together, they break down the legal and psychiatric criteria for capacity, the red flags attorneys should look for, and the importance of retrospective forensic evaluations when a testator has already passed away.

Key Insights from the Episode:

1. The Legal Standard for Testamentary Capacity
   Testamentary capacity is a legal—not medical—determination that varies by jurisdiction but generally includes the ability to understand the nature of one’s estate, recognize the beneficiaries of one’s will, comprehend the legal consequences of estate decisions, and make decisions free from delusions or undue influence. Courts presume a testator has capacity unless challenged, which shifts the burden of proof onto the contesting party. As Attorney Dewey Harpainter explains, proving incapacity requires more than just speculation; there must be medical, psychiatric, or behavioral evidence suggesting the testator did not fully understand the nature of their decisions.When capacity is questioned, forensic psychiatrists analyze medical records, cognitive function, and any history of dementia or psychiatric conditions that could impair decision-making. They assess whether the testator’s decisions at the time of signing their will were rational and free from external pressure. This is especially critical in cases where a will was changed late in life, particularly if there were signs of declining mental health.

2. Recognizing Undue Influence in Estate Disputes
   Undue influence is rarely a single event—it is often a long-term process of control and coercion. Unlike testamentary capacity, which can be measured against legal standards, undue influence cases require a forensic psychiatrist to reconstruct patterns of behavior and manipulation that may have affected a testator’s decision-making. Dr. Mark Levy explains that some of the most common signs of undue influence include isolation from family, sudden drastic changes to estate documents, and an overreliance on a single caregiver or advisor.Forensic psychiatry plays a crucial role in identifying these patterns. A forensic expert will analyze medical history, witness testimony, and legal records to determine whether the testator’s decisions were made freely or under external pressure. Attorneys must be aware of the subtle signs of undue influence, as these cases often lack direct evidence but rely on circumstantial factors that build a compelling argument.

3. The Challenge of Retrospective Capacity Evaluations
   One of the biggest challenges in these cases is conducting retrospective forensic evaluations—determining whether a testator had capacity when they are no longer alive to be assessed. This is where forensic psychiatry becomes essential. Without direct assessments, forensic experts must rely on medical documentation, cognitive assessments from the past, attorney records, and accounts from family members or caregivers to piece together an accurate picture of the testator’s mental state at the time of the will signing.

Dr. Levy explains that retrospective evaluations are not about making assumptions but about carefully reconstructing evidence through available records. Attorneys handling estate disputes, trust contests, or capacity-related litigation should work closely with forensic experts to ensure they have the strongest possible case, whether arguing for or against a will’s validity.

Estate planners and litigators must be proactive in identifying potential capacity concerns before disputes arise. If an individual shows signs of cognitive decline, attorneys should consider obtaining an independent forensic evaluation before drafting or modifying estate documents. Having a forensic psychiatrist involved early can prevent future litigation and provide clarity in cases where mental competence is in question.

For attorneys handling will contests, undue influence claims, or capacity-related disputes, forensic experts provide the objective analysis needed to build a compelling case. Understanding how forensic psychiatry fits into estate litigation can be a game-changer in both preventing and resolving costly legal battles.

Listen to Episode 5 now and subscribe to Emotional Damages on your favorite podcast platform.

Need support for an ongoing or upcoming case? fpamed’s team of forensic psychiatrists and psychologists is here to help. Reach out to email hidden; JavaScript is required today for expert case support.

Listen, subscribe. and leave a review on:
Spotify | Apple Podcasts | Wherever You Get Your Podcast Fix

Need support for an ongoing or upcoming case? fpamed’s team of forensic psychiatrists and psychologists is here to help. Reach out to email hidden; JavaScript is required today for expert case support.