Testamentary Capacity - Cross Examining Psych Experts

The Bar Association of San Francisco presents

Testamentary Capacity - Cross Examining Psych Experts

Common Expert Fallacies and Strategies for Cross Examination

Date Wednesday, August 24, 2022
MCLE Registration 1:30 - 2:00 p.m.
Virtual Program 2:00 - 3:15 p.m.
MCLE 1 Hour in Legal Ethics


Teo Ernst, Psy.D, ABPP
Forensic Psychologist
Psychological Services Inc.

Dr. Teo Ernst is Board Certified Forensic Psychologist, with extensive experience evaluating capacity. Dr. Ernst is an Assistant Clinical Professor in the UCSF Department of Psychiatry where he provides teaching and supervision on a voluntary basis. Approximately half of Dr. Ernst private practice is devoted to forensic psychological evaluations.

This seminar was developed for probate attorneys engaging in litigation related to testamentary capacity and undue influence. This presentation provides a framework for the cross examination of psychiatric and psychological experts, based upon an analysis of frequent errors conducted during these expert evaluations. Common errors reviewed include equating diagnosis and testamentary capacity, privileging neuropsychological test results over functional assessment, providing factual opinions outside the scope of one’s expertise, a failure to consider the complexity of the testamentary act, the “not the man he used to be fallacy,” failure to consider the relevance of delusions, and failing to distinguish between the unique cognitive capacities contemplated by PC 6100.5 vs. PC 812.


  • Common Expert Fallacies in the Assessment of Testamentary Capacity and Undue Influence
  • What aspects of cognitive functioning are, and are not, relevant to PC 61005. vs. PC 810-812
  • The proper and improper use of neuropsychological testing in testamentary capacity evaluations
  • Cross Examination Strategies 

Event Code: G221644

For a printable flyer, click here


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MCLE Notice

To receive MCLE credit, you must sign in during the designated MCLE registration period. This activity is approved for Minimum Continuing Legal Education credit by the State Bar of California. BASF is a certified provider: Provider #103


People with disabilities and/or special requests should contact BASF regarding reasonable accommodations.

8/24/2022 2:00 PM - 3:15 PM
Online only CA

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