A Journey through Loss and Litigation: Episode 4 – Prof. Alistair Burn

The Role of Expert Evidence in Will Validity Challenges In this episode, we are joined by Professor Alistair Burns, Emeritus Professor of Old Age Psychiatry at The University of Manchester and one of the UK’s leading experts in older people’s mental health and dementia. Professor Burns discusses the role of medical expert evidence in contentious probate cases, including retrospective assessments of testamentary capacity and the evidence that experts consider when assessing whether someone had capacity when making their will. The conversation explores different types of dementia and their potential impact on decision-making, the distinction between testamentary capacity and knowledge and approval, vulnerability and undue influence, and the role and limitations of cognitive testing such as the MMSE. We also discuss why experts can sometimes reach different conclusions when reviewing the same evidence, and what happens when an expert is required to give evidence at trial. An insightful discussion about the medical evidence behind some of the most challenging issues arising in will validity disputes.