Drafting attorney claims they are unable to recall testator's intent during deposition. Is that an acceptable answer?

Question

Drafting attorney claims they are unable to recall testator's intent during deposition. Is that an acceptable answer?

Answer

Of course. The attorney may actually not be able to recall, given the amount of time between the drafting of the will and the deposition. The decedent may have been focused on issues other than the one currently at issue, and the one at issue may not have been discussed very much during the interviews with the attorney. Much may also depend on the phrasing of the questions at the deposition.