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

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Presentation transcript:

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

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

 1. Gulf Oil  2. Maringo  3. Lindley – p. 250

 Is classic definition a good test?  How tell an insane delusion from a false belief?

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

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