1-561-514-0900 FREE CONSULTATION

Will Sumner Redstone’s Video Testimony Prove That He is Competent or Incompetent? May 6, 2016 New York Times Article

Uncategorized May 6, 2016
post about Will Sumner Redstone’s Video Testimony Prove That He is Competent or Incompetent? May 6, 2016 New York Times Article

What effect can testimony have at a Florida competency hearing? How will a probate judge West Palm Beach decide whether someone is incompetent or not? Sumner Redstone, former chairman of CBS and Viacom, is in the middle of a mental competency suit and, according to an article dated May 6,2016, it is unknown as to whether his testimony will have a positive or negative affect on his case.

Judge Required Sumner Redstone to Testify

  • If you are not familiar with the mental competency lawsuit that Sumner Redstone has been facing from his ex-girlfriend, Ms. Herzer, click here to read our original blog about it.
  • According to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a Florida will or trust.
  • What does that mean?
  • At the time of the estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. “In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399.
  • Ms. Hezer is claiming that Mr. Redstone lacked mental capacity when he changed hisestate plan.
  • The media reports that, last Friday, Mr.Redstone fought “to demonstrate his mental competency in a 30-minute video questioning.”
  • This testimony was required from Mr. Redstone despite a judge denying previous requests for testimony because of Mr.Redstone’s severe speech impediment.
  • According to the New York Times, the written transcript of the testimony showed that he did “not respond to some basic questions but was able to answer others.”
  • Will Mr. Redstone’s testimony prove that he is mentally competent at his probate trial?
  • Will it show that he was competent at the time that he changed his estate plan?
  • Click here to read the full New York Times article regarding the most recent update on Mr. Redstone’s probate case.