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Will Contest Grounds

Will Contest Grounds. Failure to meet will requirements. Lack of Legal Capacity Lack of Testamentary Capacity Lack of Testamentary Intent Failure to Satisfy Formalities. Insane Delusions. “Classic” Definition. Testator believes a state of supposed facts that: 1. Do not exist, and

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Will Contest Grounds

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  1. Will Contest Grounds

  2. Failure to meet will requirements • Lack of Legal Capacity • Lack of Testamentary Capacity • Lack of Testamentary Intent • Failure to Satisfy Formalities

  3. Insane Delusions

  4. “Classic” Definition • Testator believes a state of supposed facts that: • 1. Do not exist, and • 2. No rational person would believe.

  5. Examples • 1. Gulf Oil • 2. Maringo • 3. Lindley – p. 244

  6. Analysis of Definition • Is classic definition a good test? • How tell an insane delusion from a false belief?

  7. Nexus Requirement • Even if testator had an insane delusion, will remains valid unless insane delusion impacts property disposition.

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