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 practical legal guide 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 - order today!
Session Times: 11:00 AM - 12:30 PM Eastern
Presenter: Thad A. Davis
THAD A. DAVIS is a member with The Law Offices of Davis & Davis, LLC in Birmingham, Alabama. He focuses his practice on trusts and estates with an emphasis on litigation. Mr. Davis represents fiduciaries and beneficiaries in trust and estate cases and related controversies, including will contests, spousal elective share proceedings, common law spouse claims, fiduciary accounting cases, and intra-family business and real estate litigation. Outside of litigation, he assists families of deceased persons in trust and probate administration. Mr. Davis also advises clients in planning their estates to accomplish their goals for distribution of assets to beneficiaries while minimizing tax liability. He frequently lectures for the National Business Institute on trust, estate, probate, and related taxation issues. Mr. Davis published the law review article “Cotnam v. Commissioner and the Income Tax Treatment of Contingency-Based Attorneys' Fees-The Alabama Attorney's Charging Lien Meets Lucas v. Earl Head-on,” 51 Ala. L. Rev. 1683 (2000).Â He earned his A.B. degree, cum laude, from Duke University; his J.D. degree, magna cum laude, from the University of Alabama School of Law; and his LL.M. degree, in taxation, from the University of Florida.