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Perspective

Apr. 25, 2015

Change in testamentary capacity rules: a practice view

Recent California legislation and cases have changed the way lawyers understand and apply testamentary capacity in estate planning matters. By Mark J. Phillips


By Mark J. Phillips


Recent California legislation and cases have changed the way lawyers understand and
apply testamentary capacity in estate planning matters. Gone are the simple rules
that estate planning lawyers have followed for their entire career. The new rules
are in many aspects beyond the training of even experienced lawyers. And these rules
are likely to continue changing.

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