For this reason, in the absence of the ability to interview the testator directly, a forensic psychiatrist or forensic psychologist may evaluate a testator’s capacity by reviewing videotape of the drafting of the will, emails or letters, medical records, and other records. The testamentary capacity matter is most frequently raised posthumously, when an aggrieved heir contests the will entered into probate. On video, they ask the testator about his property and about his family, and go over the contents of the testator's will. Lawyers for people whose testamentary capacity might be called into question often arrange for a will execution to be video taped. Dead Man's Statutes sometimes restrict evidence which can be admitted concerning transactions with the decedent. Those who contest a will for lack of testamentary capacity must typically show that the decedent suffered from mental unsoundness that left them unable to remember family members or caused them to hold insane delusions about them. Once the challenging party meets the burden of proof that the testator did not possess the capacity, the burden subsequently shifts to the party propounding the will to show by clear and convincing evidence that the testator did have the requisite capacity. The legal test implies that a typical claimant in a will contest is a disgruntled heir who believes they should have received a larger share than they did under the will.
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