A California judge dismissed a challenge to the mental competency of 92 year old billionaire Sumner Redstone (Viacom and CBS's controlling shareholder) after reviewing videotaped testimony where Mr. Redstone appeared to be competent and clearly indicated his desires to cut Ms. Herzer (his former girlfriend) out of his life.
One of the most fruitful and confused areas of estate and trust litigation involves the mental capacity of the grantor of a trust. Not too long ago, the Michigan legislature made it clear that the mental capacity necessary to create a trust is the same as the mental capacity necessary to make a will. But a significant problem remains. How do you know?