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Ordinarily, the opening recital, e.g., I, Jane Doe, do hereby declare this instrument to be my Last Will and Testament . As such, if this instrument were submitted for probate, the court undoubtedly would reject it. Even if the testator needs assistance in signing his name due to some infirmity, it still meets the signature requirement, as long as the testator desired and intended to sign the instrument. Chester had some complications from the surgery and ended up in a coma. At the beginning where it says “Last Will and Testament of __________” he signed his name.

A common modification to the above list of requirements is that the testator be of “sound mind” and capable of executing a valid will. Code § 6100; Idaho Code § 15-2-501; Utah Code § 75-2-501.

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It is not uncommon for a client to approach an attorney with the challenge that a will is invalid.

This states that, depending on the size of your estate, your spouse will receive up to £250,000, with the rest split between your spouse in trust and any children you have.

The standard of proof is the same as that which applies in all civil cases – proof on a balance of probabilities.

There are various reasons why interested parties want to challenge a will.

It may be as a result of the relationship they had with the deceased, where they claim that the deceased promised to leave them a particular item or sum of money.

This article concentrates on contesting a will due to mental capacity.

One of the grounds for challenging the validity of a will is that the person who made the will (“the testator”) did not have the relevant mental capacity to understand his actions.

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