Question

What are the requirements for a valid testamentary intent?

1) Writing, sound mind and 18
2) Testamentary intent, Witnesses, conscious presence
3) Two others or presumption of undue influence
4) All of the above

Answer 1

The requirements for a valid testamentary intent include testamentary intent, writing, sound mind, witnesses, and conscious presence.

Step-by-step explanation:

In order for a testamentary document, such as a will, to be considered valid, it must meet certain requirements:

1. Testamentary intent: The person creating the will must have the intention to make a will and distribute their assets after their death.
2. Writing: Most jurisdictions require the will to be in writing.
3. Sound mind: The person creating the will must be of sound mind, meaning they understand the consequences and nature of creating a will.
4. Witnesses: Many jurisdictions require the will to be witnessed by two or more individuals who are not named beneficiaries.
5. Conscious presence: The person creating the will must be conscious and aware of the act of making a will.

If any of these requirements is not met, the will may be considered invalid. Additionally, in some cases, there may be a presumption of undue influence or other legal challenges that can arise.