Audio CD + Course Book

Testamentary Capacity and Undue Influence in Estate Planning and Litigation

Audio CD + Course Book

Copyright Date:

January, 2018

Product ID#:

78515CDRA

Credit Information

Choose State:



Continuing Legal Education

  • CO CLE - 2.00
From Event: Testamentary Capacity and Undue Influence in Estate Planning and Litigation, held January 2018.

Program Description

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!

Course Content

  • Types of Capacity
  • What the Testator is Expected to Be Able to Understand and Do
  • Ensuring/Documenting Testamentary Capacity at Signing of the Estate Planning Documents: Key Questions to Ask
  • Testamentary Capacity in Will Contests: Burden of Proof and Medical Evidence
  • The Will as Evidence of Lost Capacity (Assessing Reasonableness of Provisions)
  • Undue Influence
  • Fact Witnesses
  • Medical and Other Expert Witnesses

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 1.50 AK 01/16/2020
CLE 1.50 AZ 01/16/2020
CLE 1.50 CA * 01/16/2020
CLE 2.00 CO 01/16/2020
CLE 1.50 CT 01/16/2020
CLE 2.00 FL * 07/16/2019
CLE 1.50 GA 01/16/2019
CLE 1.50 HI 01/16/2020
CLE 1.50 ID 01/16/2020
CLE 1.50 IL 01/15/2020
CLE 1.50 KY 06/30/2018
CLE 1.50 ME 01/16/2020
CLE 1.80 MO 01/16/2020
CLE 1.50 MP 01/16/2020
CLE 1.50 MT 01/16/2020
CLE 1.50 NC * 12/31/2018
CLE 1.50 ND 01/16/2020
CLE 1.50 NE 01/16/2020
CLE 1.50 NH 01/16/2021
CLE 1.80 NJ 11/03/2018
CLE 1.50 NM 01/16/2020
CLE 1.50 NV 01/16/2021
CLE 1.50 NY * 01/16/2020
CLE 2.00 OK 01/16/2019
CLE 1.50 OR 01/16/2021
CLE 1.50 PA 01/16/2020
CLE 1.50 TX * 12/31/2018
CLE 1.50 UT 12/31/2018
CLE 1.50 VA 10/31/2018
CLE 1.50 VT 01/16/2020
CLE 1.50 WA 01/16/2023
CLE 1.80 WV 01/16/2020
CLE 1.50 WY 01/16/2021

* denotes specialty credits

Agenda / Content Covered

Session Times: 11:00 AM - 12:30 PM Eastern
Presenter: Thad. A. Davis

  • Types of Capacity
  • What the Testator is Expected to Be Able to Understand and Do
  • Ensuring/Documenting Testamentary Capacity at Signing of the Estate Planning Documents: Key Questions to Ask
  • Testamentary Capacity in Will Contests: Burden of Proof and Medical Evidence
  • The Will as Evidence of Lost Capacity (Assessing Reasonableness of Provisions)
  • Undue Influence
    • Definition
    • Key Evidence to Prove "The Existence and Exertion of an Influence"
    • Proving "The Use of Influence to Subvert or Overpower the Mind of the Testator at the Time of the Execution of the Testament"
    • Proving "The Execution of the Testament Which the Maker Thereof Would not Have Executed but for Such Influence"
    • Critical Case Law
  • Fact Witnesses
  • Medical and Other Expert Witnesses

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 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). 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.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

AK CLE: 1.50 Credit Approval Exp
01/16/2020
Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This self study program may qualify for up to 1.5 hours of self-study credit, which includes 1.5 hours of VCLE self-study credit under the voluntary CLE Rule of the Alaska Bar Association and 0.0 hours of MECLE ethics self-study under the mandatory ethics continuing legal education CLE Rule.


AZ CLE: 1.50 Credit Approval Exp
01/16/2020
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual MCLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.


CA CLE: 1.50 Credit Approval Exp
01/16/2020
Includes - Estate Planning, Trust and Probate Law: 1.50
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 1.5 hours of self-study credit, of which 0.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53. This course has been approved for 1.5 units in the area of estate planning, trust and probate law by the California Board of Legal Specialization.


CO CLE: 2.00 Credit Approval Exp
01/16/2020
This program may qualify for up to 2.0 hours of self-study general Colorado Continuing Legal Education Credit, including 0.0 ethics credit.


CT CLE: 1.50 Credit Approval Exp
01/16/2020
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 1.5 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.


FL CLE: 2.00 Credit Approval Exp
07/16/2019
Includes - Wills, Trusts and Estates: 2.00
Approved by The Florida Bar, this program may qualify for up to 2.0 general hours of CLER self-study credit including 0.0 hour of self-study ethics credit. Certification: 2.0 - Wills, Trusts and Estates.


GA CLE: 1.50 Credit Approval Exp
01/16/2019
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 1.5 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethical considerations.


HI CLE: 1.50 Credit Approval Exp
01/16/2020
NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 1.5 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.


ID CLE: 1.50 Credit Approval Exp
01/16/2020
This program may qualify for up to 1.5 hours of self-study continuing legal education credit in the state of Idaho, which may include 0.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.


IL CLE: 1.50 Credit Approval Exp
01/15/2020
This program has been approved by the Illinois MCLE Board for 1.5 hours of recorded technology CLE credit.


KY CLE: 1.50 Credit Approval Exp
06/30/2018
This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and may qualify for up to 1.5 credits, of which 0.0 hour relates to ethical considerations. No more than 6.0 hours of technological CLE credit may be earned during a reporting period.


ME CLE: 1.50 Credit Approval Exp
01/16/2020
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 1.5 hours of self-study CLE credit including 0.0 ethics hours under M. Bar R. 12. No more than 5.5 hours of self-study CLE credit may be earned during a reporting period.


MO CLE: 1.80 Credit Approval Exp
01/16/2020
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 1.8 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.


MP CLE: 1.50 Credit Approval Exp
01/16/2020
This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 1.5 hours of self-study CLE credit including 0.0 ethics hours.


MT CLE: 1.50 Credit Approval Exp
01/16/2020
This program may qualify for up to 1.5 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 0.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.


NC CLE: 1.50 Credit Approval Exp
12/31/2018
Includes - Estate Planning and Probate Law: 1.50
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program may qualify for up to 1.5 hours of online CLE credit, including 0.0 ethics. No more than 6.0 hours of online CLE credit may be earned during a reporting period. This program qualifies for Estate Planning and Probate Law specialization certification credit.


ND CLE: 1.50 Credit Approval Exp
01/16/2020
North Dakota attorneys completing this program may claim up to 1.5 North Dakota self-study CLE credit hours, including 0.0 hour of ethics credit, on the Report of Compliance. No more than 15.0 hours of self-study CLE credit may be earned during a reporting period.


NE CLE: 1.50 Credit Approval Exp
01/16/2020
NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 1.5 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.


NH CLE: 1.50 Credit Approval Exp
01/16/2021
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


NJ CLE: 1.80 Credit Approval Exp
11/03/2018
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of alternative format CLE credit. Of these, 0.0 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NM CLE: 1.50 Credit Approval Exp
01/16/2020
This program has been approved by the New Mexico Minimum Continuing Legal Education Board. This program may qualify for up to 1.5 hour of self-study credit, including 0.0 hours of self-study ethics credit. No more than 4.0 hours of self-study CLE credit may be earned during a reporting period.


NV CLE: 1.50 Credit Approval Exp
01/16/2021
This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 1.5 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.


NY CLE: 1.50 Credit Approval Exp
01/16/2020
Includes - Areas of Professional Practice: 1.50
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 1.5 credit hours. 1.5 hours can be applied to the areas of professional practice requirement and is approved for experienced attorneys.


OK CLE: 2.00 Credit Approval Exp
01/16/2019
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 2.0 of Archived and/or Online OnDemand CLE credit hours, which includes 0.0 hour of legal ethics. No more than 6.0 hours of Archived and/or Online OnDemand CLE credit may be earned during a reporting period.


OR CLE: 1.50 Credit Approval Exp
01/16/2021
NBI, Inc. is an approved sponsor with the Oregon MCLE. This program may qualify for up to 1.5 hours of general self-study continuing legal education credit and 0.0 hour of ethical considerations credit.


PA CLE: 1.50 Credit Approval Exp
01/16/2020
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 1.5 hours of distance learning credit, including 1.5 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


TX CLE: 1.50 Credit Approval Exp
12/31/2018
Includes - Estate Planning and Probate: 1.50, Tax Law: 1.50
This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 0.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants.


UT CLE: 1.50 Credit Approval Exp
12/31/2018
National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program may qualify for up to 1.5 hours of self-study CLE credit for Utah attorneys, which includes 0.0 hour of ethical considerations.


VA CLE: 1.50 Credit Approval Exp
10/31/2018
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 hours of credit, which includes 0.0 hour of ethics. Beginning November 1, 2011, pre-recorded programs are limited to eight credit hours for annual MCLE compliance. A minimum of four credit hours from live interactive courses is required.


VT CLE: 1.50 Credit Approval Exp
01/16/2020
This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 1.5 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 10.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn professionalism credit with self-study.


WA CLE: 1.50 Credit Approval Exp
01/16/2023
This program may qualify for up to 1.5 hours of Washington continuing legal education (Self Study) A/V credit, which includes 1.5 hours of Law and Legal Procedure and 0.0 hour of ethics.


WV CLE: 1.80 Credit Approval Exp
01/16/2020
This program may qualify for up to 1.8 hours of self-study credit, which includes 0.0 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


WY CLE: 1.50 Credit Approval Exp
01/16/2021
The Wyoming State Board of Continuing Legal Education has granted up to 1.5 hours of Continuing Legal Education Credit, including 0.0 hour of ethics. No more than 5.0 hours of self-study credit may be earned during one calendar year.


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