The Probate and Trust Litigation Committee will be meeting from 10:30 a.m. to 12:15 p.m. on Thursday, August 10, 2006, at The Breakers on Palm Beach, Florida, in conjunction with the Real Property, Probate and Trust Law Section’s Executive Council meeting.  Committee Chair Jack Falk circulated two emails, which contain detailed memoranda addressing several legislative items that should be especially interesting to probate litigators.  Even if you have no intention of attending, the committee materials alone are worthwhile reading.

The following materials have been circulated for the meeting:

To read Jack’s emails simply click the "Continue Reading" button below.

>>> "Falk, Jack A." <jfalk@dwl-law.com> 08/02/06 09:13AM >>>
Dear Committee Members:

I hope you all having a great summer.

The Probate and Trust Litigation Committee will be meeting from 10:30 a.m. to 12:15 p.m. on Thursday, August 10, 2006, at The Breakers on Palm Beach, Florida, in conjunction with the Real Property, Probate and Trust Law Section’s Executive Council meeting. Attached please find the Agenda and Minutes for the meeting. I have added some color to the Agenda in the hope that it will make for a more relaxed and enjoyable read on your screen.

I will be forwarding to you shortly the materials prepared by others on the standard for testamentary capacity and a proposed statute that will debated at the Probate Law Committee’s meeting to be held
after our meeting. Our Committee members have been invited to attend that meeting to express their views if they desire. The issue will not be debated at our meeting because we have a very full agenda.
I am pleased to inform you that our Committee has for the first time obtained a sponsor for our meeting and the others through next year. US Trust Company has agreed to sponsor our meeting so there will be refreshments (light fare and beverages) at the meeting. Please guard this as a state secret so we don’t have too many party crashers.

I look forward to seeing you in Palm Beach! Jack
<<Agenda and Minutes August 2006.doc>>

>>> "Falk, Jack A." <jfalk@dwl-law.com> 08/04/06 03:27PM >>>

<<REPORT OF TESTAMENTARY CAPACITY SUBCOMMITTEEAUGUST 10 2006.doc>>

<<Memo.7.24.06.pdf>>

Dear Committee Members,

The Probate Law Committee is considering a statute specifying the test for testamentary capacity. If any of you are interested in participating in the debate on the issue, you should plan to attend the
Probate Law Committee meeting that follows immediately after our meeting. Attached are the memos concerning testamentary capacity taking different views on the issue and that will be addressed at the Probate Law Committee meeting.

Have a great weekend! Jack

>>> "Falk, Jack A." <jfalk@dwl-law.com> 08/08/06 04:21PM >>>

Dear Committee Members,

In connection with the testamentary capacity issue referred to
in my earlier email below, attached is Joel Sharp’s memo of law and
related authorities for your consideration. Jack

<<Florida Bar Diminished Capacity Memo – Jack Falk.DOC>>
<<Exhibits.pdf>>