Preparing for a Will Contest Deposition

After a loved one’s death, many people go through probate without too much trouble. However, there are some family members who will try to contest the will. They may have assumed they would receive more assets, or they might claim that the deceased was incapacitated and unable to create a valid will.

When someone decides to contest a will, it can create a lot of family drama. You will likely have to go to court to resolve the issues. Before that, though, you will need to attend a deposition. A deposition is sworn, out-of-court testimony from a witness taken before a trial. It helps gather facts and evidence for a legal case. A deposition can also test credibility and expose inconsistencies.

What kinds of questions will be asked? Here is a look at what to expect.

 Testator’s Background and Mental State

• Describe the testator’s overall health and mental condition around the time of the will’s execution.
• Did the testator ever receive a diagnosis of dementia, Alzheimer’s, or other cognitive disorder?
• Which medications was the testator taking, and might they have affected mental clarity?
• In your observation, did they ever show signs of confusion, disorientation, or memory loss?

Will Execution Details

• When and where did the testator execute the will?
• Who was present at the signing?
• Did the testator demonstrate a clear understanding of the will’s terms and their consequences?
• Were there distractions, pressure, or unusual circumstances at the moment of signing?
• Was the signing done voluntarily and without coercion or duress?

Undue Influence or Coercion

• Do you know of anyone who exerted pressure or persuasion on the testator to change the will?
• Did any beneficiary have control or influence over the testator’s finances, health care, or daily affairs?
• Was the testator isolated from certain family members or others before the will was signed?
• Did any individual benefit significantly from changes in the will?

Assessing Testamentary Capacity

• Did the testator comprehend their assets and their overall estate?
• Could they identify natural heirs and appreciate the relationships involved?
• Did they express doubt, confusion, or fear about the will’s provisions?
• In your opinion, did they have the capacity to make rational decisions at that time?

Role and Conduct of the Drafting Attorney

• What steps did the attorney take to evaluate the testator’s mental state?
• Were there third parties who evaluated the testator’s competency?
  Were there any odd or unusual requests during drafting or execution?

Questions About Fraud

• Have you seen earlier versions of the will? How do they compare to the current version?
• Who most benefits from the changes, and by how much?
• Did the testator ever verbalize their intentions to multiple people?
• Are there any discrepancies or oddities in signatures, dates, or witnessing?

Seek Legal Help

Will contests can be complex legal battles. There is a lot at stake, but having an experienced lawyer on your side can help ease the stress.

Count on Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A for help with your estate or probate matter. You can rest assured knowing that your rights and interests are being fully protected. Schedule a consultation today. Give us a call at 954-764-4330 or fill out the online form.

Source:

blog.deposely.com/blog/deposition-questions-for-will-contest