Breaking News
Home / Internet / Internet Tips / Check For The Testamentary Capacity Before You Contest The will

Check For The Testamentary Capacity Before You Contest The will

You will find many organizations that are made entirely by forensic and psychiatric experts so that they can help anyone with legal matters that require their expert opinion. Normally attorneys seek advices from such organizations on special cases. These organizations are run and managed by an efficient and highly educated team of forensic experts. Not all cases require testimony of the experts sometimes their job is to give a professional insight on the various forensic and psychiatric aspects of the legal matter. So a forensic or psychiatric expert doesn’t have to go to courts for all their cases and most of the time their job is done outside the court.

The Expert Opinion

They are paid at an hourly rate for every case while they are working with the court or an attorney. These people review the records and examine the plaintiffs and the criminal defendants. After they have done a thorough examination of everything and reached at a conclusion they have to make an official report stating their opinion. This report is extremely important and can change the entire course of a case. The involvement of the defendants and their liability towards the plaintiff depends a lot on the opinion of the expert. The most common case in which the expert opinion of these people is required is during establishing the testamentary capacity of a person when a will is contested.

Contest Your Will

This is widely needed in case of will contests as there are several laws involved if the will is contested by litigation. It is also needed while formation of trusts or estate planning. These people use their expertise to determine if there was any use of undue influence by any family member or legal counsel. Forensic psychiatrists are also needed for checking the testator’s testamentary capacity while creation of trusts. As in case of a trust or a will it is very important to note the mental health of the person who is creating the will that would determine the plans for the estate after the demise of that person.

Evaluation Of The Descendent

Similarly another testamentary capacity checking is done when the descendant contests the same will after the death of the owner. Again the forensic psychiatrists are summoned by the authorities to give an opinion on the post-mortem and asses any undue influence that might have been at play during the execution of the will. The psychiatric evaluation of any descendents is not allowed and the forensic psychiatrist has to review the medical records, and the witness testimony to determine the functionality of the descendent during the execution of the will.