bmi264's version from 2016-07-20 00:23
|capacity 5||1. At the time of execution, T must
a. be at least 18 years old,
b. understand the extent of her property,
c. know the natural objects (spouse, issue or parents) of her bounty, and
d. know the nature of her act (she is executing a will)
2. If no capacity, entire will is invalid, property passes by intestate succession
a. Unless T had a valid prior will that was purportedly revoked by a second will (no capacity), then the first will be probated because the second will w/ no capacity could not revoke the first.