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Lls and Trusts Wills operate at the time of T's death, but are construed in light of the circumstances at time of execution. I. Validity of Will a. Testamentary Capacity i. Will VOID unless 1. T is of required age; and 2. of sound mind ii. Age 1. usually 18+ 2. some states lower if married or armed services iii. Sound mind 1. Three part test: a. Did T know natural objects of T s bounty? b. Did T know the nature and extent of T s property? c. Did T understand the dispository scheme under T.
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