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March 26, 2020

New Jersey Law Journal: The Estate Planning Attorney's Role in Establishing Testamentary Capacity

Roxanna E. Hammett was published in the New Jersey Law Journal with an article, "The Estate Planning Attorney's Role in Establishing Testamentary Capacity," discussing the definition of testamentary capacity, how it compares to other capacities under the law, the factors that a court will look to in determining whether the testator had sufficient capacity to make a Will, the burden of proof in cases alleging diminished capacity, and relevant New Jersey case law.

She additionally provides practical information for estate planning attorneys on how to gauge testamentary capacity, what questions the attorney should be asking the client, and signs of potential diminished capacity of which the attorney should be aware.

To read the full article, please visit the New Jersey Law Journal's website or view the PDF below. 

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