What is the effect of a will having been admitted to probate on capacity challenges?

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Multiple Choice

What is the effect of a will having been admitted to probate on capacity challenges?

Explanation:
When a will is admitted to probate, the court starts from a presumption that the will is valid. That means it is treated as prima facie valid, reflecting the testator’s wishes at the time of execution. If someone challenges the will, the burden shifts to the challenger to prove lack of testamentary capacity. Testamentary capacity means the testator understood the nature of the act, understood the nature and extent of their property, and understood the people who might naturally be expected to benefit from the will. The probate result doesn’t by itself decide capacity or rewrite it; it simply acknowledges the will’s formal validity. The executor doesn’t determine capacity—the court decides capacity based on the evidence. So the correct description is that the will, once admitted to probate, is treated as prima facie valid and the challenger must prove lack of capacity.

When a will is admitted to probate, the court starts from a presumption that the will is valid. That means it is treated as prima facie valid, reflecting the testator’s wishes at the time of execution. If someone challenges the will, the burden shifts to the challenger to prove lack of testamentary capacity. Testamentary capacity means the testator understood the nature of the act, understood the nature and extent of their property, and understood the people who might naturally be expected to benefit from the will. The probate result doesn’t by itself decide capacity or rewrite it; it simply acknowledges the will’s formal validity. The executor doesn’t determine capacity—the court decides capacity based on the evidence. So the correct description is that the will, once admitted to probate, is treated as prima facie valid and the challenger must prove lack of capacity.

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