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There Is a Presumption of Testamentary Capacity When a Will Is Drafted and the Execution Is Supervis

Posted by attorney Theodore Robinson

Initially, there is a presumption of the Will Maker's testamentary capacity when the will is drafted and executed under the supervision of an attorney. This is especially true when the evidence tends to show that the Maker executed the will after a careful review and full discussion of the Will's contents. Unless, the party objecting can show otherwise, they will fail before even getting to trial. This usually happens at a Motion for Summary Judgment and if they fail to raise competent/legitimate evidence which creates a genuine issue of fact that overcomes the initial presumption, the Motion for Summary Judgment will be granted against them and the Will will be accepted into Probate.

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