Home Look before You Leap! Planning at the Cliff of a Client’s Capacity

Look before You Leap! Planning at the Cliff of a Client’s Capacity


“What can you, as estate planning attorney, do to ensure that the plans and actions you facilitate on behalf of a dependent client are the product of your client’s wishes?” In this CLE, Marve Ann Alaimo and William Hennessey discuss testamentary capacity and documenting it as well as how to recognize and deal with a client acting under undue influence.

Marve Ann M. Alaimo is a Principal in Cummings & Lockwood’s Private Clients Group and is based in the Bonita Springs office. Her wills, trusts and estates practice is particularly focused on conflict avoidance and conflict resolution. Marve Ann works primarily with blended families or families faced with special circumstances and she is sensitive, not only to tax issues, but also to family dynamics and client concerns. In addition to estate planning and estate administration, her practice includes estate, guardianship and trust litigation.

Bill Hennessey leads Gunster’s Probate, Trust & Guardianship Litigation practice. Bill is the immediate past chair of the Probate and Trust Litigation Committee of the Real Property, Probate and Trust Law Section (RPPTL) of the Florida Bar. He currently chairs the Legislative Committee and the Ad Hoc Estate Planning Conflicts of Interest Committee for the RPPTL Section and is responsible for shepherding all of the Section’s probate and trust legislation through the legislative process. Bill is also a Fellow of the American College of Trust and Estate Counsel (ACTEC), as well as a frequent author and lecturer on probate and trust litigations topics.

Mr. Hennessey received his J.D., highest honors, 1996 at the University of Florida and a B.S. in Accounting, highest honors, 1993, University of Florida. He was admitted to the Florida Bar, 1997.