Jeffrey Galvin (Downey Brand LLP): “Mental Health Disorder” Must Be Proven Along with Delusion (March 29, 2021)

Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, “‘Mental Health Disorder’ Must Be Proven Along with Delusion,” published in JDSUPRA. The article, which discusses Eyford v. Nord(2021) ___ Cal.App.5th ___., begins as follows:

When are delusions enough to invalidate an estate plan?  The California Court of Appeal addressed that issue earlier this month in Eyford v. Nord(2021) ___ Cal.App.5th ___.

The case involves a 90-year-old woman who favored a charity and disinherited the two grandchildren with whom she had been close.  The appellate court found that California Probate Code section 6100.5(a)(2)requires proof of a “mental health disorder” in addition to a delusion that caused the questioned testamentary disposition.  The opinion provides a guidepost for California lawyers who litigate contests arising from alleged delusions.

To view the full article, click here: “‘Mental Health Disorder’ Must Be Proven Along with Delusion”

Posted by Elise Kim, Managing Associate Editor, Wealth Strategies Journal.

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