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WILL (P.R. (Who (Non-Res
1) D's parentela
2) S's GP, P, C, or GC…
WILL
P.R.
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Who
Non-Res
1) D's parentela
2) S's GP, P, C, or GC
3) S's of all above
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Formalities
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Witnesses
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2 tests:
1) Line of Sight - in T's view
2) Conscious Presence - T is aware witnesses are present & signing
Proof
Will Contests
Self-Proving Aff
1) Signed at execution or later
2) Subscribed by 2 witnesses
*No further proof needed if attached to the will
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Attestation Clause
1) Recites facts of execution
2) Prima Facie evid of facts recited
*Assists when witnesses can't remember
Capacity/Intent
Testamentary Capacity
Must know:
1) Natural objects of bounty
2) Nature & extent of property AND
3) Nature of disposition made
Testamentary Intent
1) "Last will & test" = presumption of present intent
2) Condition precedent is not ok (If I die...)
3) Motive is ok (I am bc...)
1) Insane Delusion - believes non existent facts against all evid & probability (body snatchers)
2) Illogical Belief - supported by belief derived from known premise (no benefits bc you're taller)
*Not grounds for capacity challenge