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Will Contest Grounds

1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

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Page 1: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

Will Contest Grounds

Page 2: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

Failure to meet will requirements

1. Lack of Legal Capacity

2. Lack of Testamentary Capacity

3. Lack of Testamentary Intent

4. Failure to Satisfy Formalities

Page 3: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

Insane Delusions

Page 4: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

“Classic” Definition

Testator believes a state of supposed facts that: 1. Do not exist, and 2. No rational person would

believe.

Page 5: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

Examples

1. Gulf Oil

2. Maringo

3. Lindley – p. 250

Page 6: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

Analysis of Definition

Is classic definition a good test?

How tell an insane delusion from a false belief?

Page 7: 1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities

Nexus Requirement

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