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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 on theme: "1. Lack of Legal Capacity 2. Lack of Testamentary Capacity 3. Lack of Testamentary Intent 4. Failure to Satisfy Formalities."— Presentation transcript:

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

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

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

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

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


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