Thursday, October 24, 2019

3 things to prove in a probate court

In the probate of a will, there are three things that the applicant/petitioner should prove: the identity of the will; its due execution; and the testamentary capacity of the testator.

[1] Identity of the will. The instrument which is offered for probate is the last will and testament of the testator.
[2] Due execution of the will. The will has been executed in accordance with the formalities prescribed by law.
[3] Capacity of the testator. The testator had testamentary capacity at the time of execution of the will.