LETTER FROM THE EDITOR

Written by Robert Barton, Esq.^*

With one Quarterly issue already completed and another in your mailboxes as you read this, it is hard to believe that my time as Editor-in-Chief of the Quarterly is already half-over. Once again, I am fortunate to have the authors of this issue of the Quarterly volunteer their expertise and perspective on a variety of cutting-edge trusts and estate issues. I hope that you will find the articles featured in this issue as compelling and informative as I did.

Issue 29-1 of the Quarterly features two fascinating articles on how the complexities and mysteries of the human brain ultimately manifest themselves in the legal doctrines trusts and estates lawyers grapple with in their practices every day. Evan Winet’s Elusive Lucidities explores the underlying principles and ambiguities of the delusion doctrine and its development in California, with particular attention to the recent First District decision in Eyford v. Nord (2021) 62 Cal.App.5th 112. Then, in Capacity and Susceptibly to Undue Influence: A Neuropsychiatrist’s Perspective, Dr. Jonathan Mueller offers his views on the inadequacy of popular cognitive screening tests to establish mental capacity to create wills, modify trusts or enter into contracts. Dr. Mueller also offers his suggestions for exploring the evolving relationship of a testator to the objects of his or her bounty.

Next, David A. Hjorth follows up on the article he wrote with Jon J. Gallo in 2012 which examined then-available gifting opportunities for estate planners to take advantage of. In Pipe Dreams Can Come True: Gifting Opportunities 2022 and Onward, Mr. Hjorth posthumously honors Mr. Gallo and updates their previous discussion on gifting opportunities available in today’s estate planning environment.