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.