Wills, Trusts & Probate
That's All We Do
Understanding Testamentary Capacity for Wills and Estate Planning
Navigating testamentary capacity when preparing or updating a will is an important part of preserving your wishes and protecting family relationships. In East Los Angeles, California, understanding the legal standards that govern a person’s ability to make a will helps prevent disputes during probate and gives clear direction to heirs. This introduction explains how testamentary capacity is evaluated, why it matters in local estate planning, and what steps you can take to document your intentions carefully. Knowing these basics helps you make thoughtful choices about who should witness your will and what records to keep to support its validity.
Whether you are creating a will for the first time or revising an existing document, ensuring that your mental state meets California’s requirements for testamentary capacity reduces the risk of challenges after your death. This introduction outlines practical measures to demonstrate capacity, including documentation, neutral witnesses, and timing of execution. The goal is to provide clear, accessible information so you and your family can proceed with confidence, avoid common pitfalls, and ensure that your estate plan in East Los Angeles accurately reflects your intentions and stands up to scrutiny during probate proceedings.
Why Testamentary Capacity Matters and How It Protects Your Will
Establishing testamentary capacity is a key safeguard for any will because it shows the testator understood the consequences of their choices when signing the document. Verifying capacity reduces the chance that relatives will contest the will, shortens delays in estate administration, and provides clarity about asset distribution. For East Los Angeles residents, addressing capacity concerns during the planning stage can prevent emotional and financial strain for beneficiaries. Documenting mental clarity, choosing impartial witnesses, and avoiding signing under duress all help protect your legacy and support a smoother probate process when the time comes.
About LA Estate Plans and Our Approach in East Los Angeles
LA Estate Plans focuses on wills, trusts, and probate matters for individuals and families in East Los Angeles and throughout Los Angeles County. Our approach emphasizes clear communication, thoughtful planning, and practical documentation to address testamentary capacity concerns. We guide clients through the steps needed to create a durable will, explain California capacity standards, and recommend record keeping and signing practices that strengthen validity. Our team works to make the process understandable and manageable, helping clients protect their wishes and reduce the likelihood of later disputes during probate.
Understanding Testamentary Capacity and Its Legal Elements
Testamentary capacity refers to the mental ability required to make a legally valid will. Under California law, this means the person creating the will must grasp the nature and extent of their property, know the natural beneficiaries, and comprehend how the will distributes assets. Understanding these elements helps testators take concrete steps to demonstrate clarity of mind at the time of signing. For East Los Angeles residents, awareness of these legal requirements supports informed decisions about when and how to execute a will, and which corroborating documents and witnesses will best support the will’s enforceability.
Evaluating testamentary capacity relies on evidence showing the testator’s state of mind during execution. This may include contemporaneous medical notes, witness observations, and documentation showing that the testator understood their estate and heirs. Addressing capacity proactively helps prevent family disputes and delays in probate by creating a clear record of intent. For people in East Los Angeles, careful planning—such as executing a will at a time of clarity, keeping relevant records, and using impartial witnesses—strengthens the legal standing of the document and reduces the chance of successful challenges after the testator’s death.
Defining Testamentary Capacity Under California Law
Testamentary capacity is defined by a set of standards that determine whether a person had the necessary mental ability to create or change a will. In California, the testator must understand the nature of making a will, the extent of their assets, and the people who might expect to inherit. Courts look to the testator’s understanding at the moment the will was executed, not to a general diagnosis. This means even with certain medical conditions, a person may still meet the legal standard if they clearly comprehend their decisions at signing. Proper documentation at execution supports the will’s validity.
Core Elements and Typical Processes for Proving Capacity
Key elements in proving testamentary capacity include a documented understanding of assets, recognition of potential heirs, and demonstration that decisions were made voluntarily and without undue influence. Typical processes involve gathering medical records, obtaining witness statements, and executing the will in a calm, well-documented setting. For East Los Angeles clients, the process often includes advising on appropriate witnesses, recommending timing for signing that avoids stressful conditions, and compiling evidence that reflects the testator’s mental clarity. These steps help create a defensible record for probate if questions arise.
Important Terms and Definitions Related to Testamentary Capacity
Understanding the terminology used in will preparation and capacity disputes helps you navigate conversations and legal documents. Definitions clarify who is involved, what legal standards apply, and how certain actions or conditions might affect the validity of a will. This glossary focuses on terms commonly encountered in probate and estate planning within California so that East Los Angeles residents can recognize issues, follow recommendations, and ensure their estate documents reflect clear intent and appropriate legal form.
Testator
A testator is the person who creates or signs a will. The testator must possess testamentary capacity at the time of signing for the document to be valid. Capacity involves understanding the nature of the act, the scope of the estate, and the identity of potential heirs. Witness testimony, contemporaneous notes, and medical records can all help establish a testator’s mental state at the time of execution. For residents of East Los Angeles, choosing appropriate witnesses and documenting the signing process contributes to a stronger foundation for the will during probate.
Undue Influence
Undue influence refers to situations where someone exerts pressure or manipulation that overcomes the testator’s free will and affects the content of a will. Courts examine relationships, timing, and the circumstances surrounding signing to determine whether influence was improper. Signs of undue influence can include isolation, rapid changes in beneficiaries, or pressure from a caregiver or family member. Addressing these risks during drafting—by using neutral witnesses and documenting the testator’s clear statements—helps protect the will’s validity in probate proceedings.
Capacity
Capacity in the will context means the mental ability to understand the nature of making a will, the extent of one’s assets, and the individuals who might expect to inherit. It is a situational determination centered on the specific moment the will is executed. The presence of medical conditions does not automatically negate capacity; rather, evidence must show whether the testator comprehended the implications of their decisions when signing. Good record keeping and careful planning during execution support affirmations of capacity in probate.
Probate
Probate is the court-supervised process that validates a will and oversees the distribution of assets according to its terms. During probate, questions about testamentary capacity can lead to litigation or delays if the will’s validity is contested. Documentation of the testator’s mental state, witness testimony, and other supporting records play a significant role in resolving such disputes. For East Los Angeles residents, proactively addressing capacity issues during estate planning can streamline probate and reduce the emotional and financial burden on beneficiaries.
Comparing Limited Will Preparation with Comprehensive Estate Planning
When planning an estate in East Los Angeles, you can choose a limited approach focused solely on drafting a will or a more comprehensive strategy that includes trusts, probate planning, and other protective measures. A limited will may suffice for straightforward estates with clearly named beneficiaries, while broader planning can address complex assets, blended families, or potential incapacity. Comparing these options involves weighing simplicity against the need for long-term protection, probate avoidance, and measures to demonstrate testamentary capacity. Each situation calls for a tailored approach that balances cost, complexity, and anticipated family dynamics.
When a Limited Will-Only Approach May Be Appropriate:
Simple Asset Structure and Clear Beneficiaries
A limited will-only plan often works well when an estate consists primarily of straightforward assets such as a single residence, bank accounts, and personal property, and when beneficiaries are clearly identified and there are minimal family complexities. In those circumstances, a focused will can efficiently outline distribution and reduce administrative steps. For East Los Angeles residents with uncomplicated estates, this approach minimizes costs and simplifies execution while still requiring careful attention to testamentary capacity and proper witnessing to prevent future challenges during probate.
Clear Testamentary Intent Without Complex Tax or Family Issues
If your wishes are straightforward and there are no anticipated tax complications, creditor issues, or blended-family concerns, a will-only strategy may be an effective and economical solution. This approach allows you to document final wishes and name an executor while keeping the process direct. Even when choosing this path, it is important to document testamentary capacity, select impartial witnesses, and ensure the will is executed in a calm setting so it will withstand scrutiny in probate and carry out your intentions as intended.
Why a Comprehensive Estate Plan May Be Beneficial:
Managing Complex Assets and Family Relationships
A comprehensive estate plan that includes trusts, powers of attorney, and detailed probate avoidance strategies is often advisable when an estate contains diverse property, business interests, or when family dynamics are complex. Such planning can provide more control over asset distribution, protect vulnerable beneficiaries, and limit litigation risks. It also helps establish a clearer record of the testator’s intent and circumstances at the time of execution, which can be particularly valuable in addressing concerns about testamentary capacity during any subsequent probate proceedings.
Reducing Probate Burdens and Preserving Privacy
Comprehensive planning often includes strategies to minimize or avoid probate, reducing both the duration and cost of estate administration while maintaining greater privacy in how assets are distributed. Trusts and other instruments can transfer property outside the public probate process, shielding details from public record and limiting opportunities for disputes. For East Los Angeles residents who value discretion and want smoother administration for beneficiaries, investing in broader planning can deliver tangible benefits and lessen the chance that questions about capacity will complicate estate settlement.
Advantages of Taking a Comprehensive Estate Planning Approach
A comprehensive approach to testamentary planning addresses multiple scenarios and provides a structured framework for asset distribution, incapacity planning, and probate management. This method reduces ambiguity in wills, clarifies the role of fiduciaries, and may incorporate mechanisms that demonstrate the testator’s intentions and mental state. For families in East Los Angeles, comprehensive planning can lower the likelihood of disputes, accelerate distributions to beneficiaries, and offer continuity in financial and healthcare decision-making should incapacity arise, all of which contribute to greater stability for loved ones.
Beyond preventing disputes, comprehensive planning often includes practical tools such as durable powers of attorney, advance healthcare directives, and revocable or irrevocable trusts that handle different aspects of estate management. These components work together to create an integrated plan that considers future changes in health and household composition. This foresight provides reassurance that your objectives will be carried out and that there are clear procedures in place to address potential questions about testamentary capacity when your will is reviewed during probate.
Greater Clarity and Control Over Asset Distribution
Comprehensive testamentary planning offers distinct control over the timing and conditions of asset transfers, ensuring that your intentions are carried out in a manner aligned with your wishes. Drafting clear, well-structured documents reduces ambiguity, making it easier for fiduciaries to execute your plan responsibly. For East Los Angeles residents, this clarity can prevent family misunderstandings, provide explicit directions for complex assets, and limit the avenues through which a will could be challenged based on doubts about the testator’s mental state at execution.
Stronger Protection Against Challenges During Probate
A robust estate plan includes measures that help affirm the testator’s intent and circumstances at signing, such as contemporaneous records, carefully identified witnesses, and complementary documents that reflect durable planning. These steps make it harder for parties to successfully contest the will on capacity grounds. For those in East Los Angeles, taking a broad approach to planning means preparing for foreseeable issues and assembling evidence that supports the validity of the will, thereby helping to ensure assets pass according to your expressed wishes.
Practice Areas
Top Searched Keywords
- testamentary capacity East Los Angeles
- will drafting Los Angeles County
- California testamentary capacity law
- probate and will challenges East LA
- estate planning wills East Los Angeles
- documenting testamentary capacity
- witness requirements California wills
- avoiding probate Los Angeles
- will validity capacity evidence
Practical Tips for Documenting and Preserving Testamentary Capacity
Document Contemporaneous Evidence of Mental Clarity
Keep contemporaneous records that reflect your mental clarity at the time you execute or revise a will. This can include dated medical notes, brief written statements about your intentions, and notes from trusted witnesses who observed the signing. Such documentation helps show the testator understood the nature and extent of their property and the identity of beneficiaries. For East Los Angeles residents, recording these details carefully provides useful support in probate if the will’s validity is questioned and can reduce the likelihood of lengthy disputes among heirs.
Choose Impartial and Reliable Witnesses
Avoid Signing During Times of Stress or Acute Illness
Execute or update a will during a calm period rather than during moments of acute stress, hospitalization, or immediately after significant life events. Signing under emotional duress or while impaired increases the risk of later challenges to capacity. If a will must be changed when health is unstable, document the circumstances and, where feasible, obtain corroborating medical notes or witness statements that confirm the testator’s understanding at the time. This practice helps preserve clarity and reduces potential disputes in probate.
When to Consider Assistance with Testamentary Capacity and Will Preparation
You should consider professional guidance if you face questions about mental capacity, have a complex family situation, or own significant assets that could be disputed. Assistance can help you document capacity, identify the right witnesses, and structure your will to withstand scrutiny. For East Los Angeles residents, early planning and carefully recorded execution practices help prevent unnecessary probate litigation and protect relationships among heirs. Taking proactive steps now can save time and expense for your family later.
Another reason to seek guidance is when updating a will later in life, after a major health diagnosis, or following substantial changes to your estate composition. These circumstances often trigger increased scrutiny during probate, so having a clear record of your mental state and intentions at the time of the update becomes especially important. Legal support can help you gather and preserve relevant documentation, select appropriate witnesses, and execute changes in a way that reduces the likelihood of successful challenges to the will.
Common Situations That Raise Testamentary Capacity Concerns
Circumstances that commonly raise questions about capacity include advanced age, diagnosed cognitive impairment, sudden changes to beneficiary designations, or updates made shortly before death. Family disputes and allegations of undue influence also prompt detailed examination of capacity at probate. Recognizing these triggers allows testators and their families in East Los Angeles to take preventive measures, such as documenting mental clarity at signing and choosing neutral witnesses, which can minimize the likelihood of contested proceedings and help ensure the will’s terms are honored.
Advanced Age or Cognitive Decline
Advanced age or progressive cognitive decline often leads family members to question whether a will was made with proper capacity. When dealing with these situations, it is important to document records contemporaneous with the signing, including medical notes and witness statements, that demonstrate understanding at the time of execution. Taking steps early—such as executing documents during periods of clarity and consulting with legal counsel—helps create a reliable record that can be used to support the will during probate and reduce the opportunity for challenges.
Sudden Will Changes Near End of Life
Wills that are changed suddenly near the end of life can attract scrutiny because they may reflect pressure or changing circumstances that others find suspicious. To mitigate risk, document the reasons for changes, the testator’s state of mind, and corroborating observations from neutral witnesses at the time of signing. For East Los Angeles residents, clear documentation and deliberate execution practices during such updates can substantiate that the revisions reflect the testator’s true intentions and were not the product of coercion or incapacity.
Disputed Beneficiary Designations or Family Conflicts
Family conflicts or unexpected beneficiary designations frequently lead to contested wills where testamentary capacity is questioned. Addressing these situations through careful documentation of the testator’s reasoning, ensuring impartial witnesses, and maintaining medical or other contemporaneous records can reduce the likelihood of successful challenges. When disputes arise, having a well-documented execution process and clear evidence of the testator’s understanding at signing is invaluable during probate proceedings in East Los Angeles.
We Are Here to Help With Testamentary Capacity Matters
Why Choose LA Estate Plans for Testamentary Capacity and Wills
LA Estate Plans focuses on wills, trusts, and probate matters for residents of East Los Angeles. We prioritize clear communication and practical documentation to ensure your will is executed with careful attention to capacity issues. Our approach is designed to help you understand California standards for will validity, guide the selection of appropriate witnesses, and recommend records that demonstrate intent and clarity at the time of signing. This practical guidance helps minimize disputes and supports a smoother probate process for beneficiaries.
Working with LA Estate Plans helps you prepare a will that reflects your goals while addressing foreseeable challenges related to testamentary capacity. We help clients identify the evidence that best supports a will’s validity, including contemporaneous notes, medical documentation when appropriate, and witness statements. By focusing on careful preparation and transparent processes, we aim to protect your wishes and make the estate administration process as efficient and respectful as possible for your loved ones in East Los Angeles.
Choosing informed guidance for will preparation can give your family greater certainty and reduce stress during probate. LA Estate Plans assists with practical execution steps, supports ongoing updates to reflect life changes, and offers ongoing availability for questions about your estate plan. Our goal is to help you document testamentary capacity clearly and avoid unnecessary delays or disputes so your final instructions are carried out as intended.
Contact LA Estate Plans for Support With Testamentary Capacity
Our Process for Assessing Testamentary Capacity and Drafting Wills
Our process is designed to provide a clear pathway from initial consultation to final execution of your will while addressing capacity concerns along the way. We begin by discussing your estate, family dynamics, and any health considerations that might affect capacity. We gather relevant documents, review California law as it applies to your situation, and recommend steps to document your understanding at the time of signing. The goal is to create a well-supported will that reflects your wishes and reduces the risk of successful challenges during probate.
Step One: Initial Consultation and Assessment
During the initial consultation, we review your objectives for asset distribution and identify any factors that may bear on testamentary capacity, such as recent health changes or family disputes. We ask questions about your property, your intended beneficiaries, and the timing of any proposed changes. This assessment helps us recommend documentation and execution strategies that support validity under California law and set the stage for drafting a will that reflects your intentions with clarity and legal form.
Discuss Goals and Family Considerations
We explore your estate goals, family situation, and any special considerations that could influence how you structure your will. Understanding relationships and potential areas of conflict helps tailor the plan to reduce future disputes. We also advise on whether a will-only approach is appropriate or whether broader planning may better protect your interests. Clear discussion at the outset ensures the will aligns with your priorities and that measures to document capacity are integrated into the process.
Evaluate Health and Timing Factors
Evaluating health and timing helps determine the best moment to execute or update your will. If there are concerns about cognitive decline or recent diagnoses, we recommend appropriate documentation and may suggest delaying changes until a period of clarity, where feasible. When immediate updates are necessary, we document the circumstances thoroughly and identify corroborating evidence that supports the testator’s understanding, thereby strengthening the will’s standing during probate.
Step Two: Information Gathering and Drafting
In this stage we collect asset inventories, beneficiary information, and any relevant medical or personal records that bear on the will’s execution. We draft the will with precise language to reflect your intentions, paying careful attention to clauses that address potential disputes and methods to demonstrate capacity. Clear, unambiguous drafting reduces interpretive conflicts and provides a stronger basis for carrying out your wishes during probate in East Los Angeles.
Compile Documents and Witness Plans
We organize the documents that support your will, including lists of assets, beneficiary designations, and any medical or contemporaneous notes that reflect your state of mind. We also help select appropriate witnesses and plan the signing to ensure an orderly and well-documented execution. These preparations are intended to create a reliable record that can be used to confirm testamentary capacity if the will is later challenged.
Draft the Will with Clear, Defensible Language
Drafting focuses on clarity and specificity so that your intentions are plainly stated and less susceptible to multiple interpretations. We include provisions that clarify the distribution of assets and, where helpful, explanatory statements reflecting the testator’s rationale for changes. Clear language and thoughtfully structured documents contribute to a stronger presentation of intent in probate and reduce the potential for successful challenges based on alleged confusion or influence.
Step Three: Execution and Ongoing Review
After drafting, we coordinate a careful execution process that meets California legal formalities, including witness presence and notarization where appropriate. We document the signing circumstances and retain relevant records that reflect the testator’s understanding at the time of execution. Following signing, we encourage periodic review and updates to ensure the will remains aligned with life changes and continues to reflect your current intentions, which helps preserve its validity over time.
Coordinate Proper Signing and Witnessing
We arrange the signing in a calm setting with suitable witnesses who can attest to the testator’s mental state. Proper signing procedures help ensure the will satisfies California statutory requirements and that witness testimony will be persuasive if needed in probate. Documenting the process and preserving records of the signing event strengthens the will’s position if capacity is later contested, and it gives beneficiaries greater certainty about the testator’s intentions.
Provide Ongoing Support for Amendments and Reviews
Life changes often require updates to a will, so we provide continuing assistance to revise documents as needed and to document circumstances of any future changes. Regular reviews help confirm that beneficiary designations and asset lists remain accurate and that any new medical or personal circumstances are appropriately reflected. This ongoing support ensures the estate plan remains current and defensible, reducing the chance of disputes in probate and helping your wishes be carried out as intended.
The Proof is in Our Performance
Frequently Asked Questions About Testamentary Capacity and Wills
What mental abilities are required to make a valid will in California?
California law requires that, at the time a will is executed, the person making the will understands the nature of the act of making a will, the extent of their property, and the natural objects of their bounty — meaning the people who would normally inherit. The assessment focuses on the testator’s understanding at that specific moment rather than on any general diagnosis or long-term condition. To support capacity, it is helpful to document contemporaneous observations, gather medical notes if relevant, and use reliable witnesses who can attest to the testator’s apparent clarity. These measures provide a record that can be persuasive during probate if the will’s validity is questioned.
Can a will be contested on the basis of lack of capacity?
Yes, a will can be contested if there are grounds to believe the testator lacked testamentary capacity at the time of signing. Contests often arise when medical conditions, sudden changes in beneficiary designations, or allegations of coercion suggest the testator may not have understood their decisions. If a contest is filed, the court examines evidence about the testator’s mental state at the moment of execution. Defending a will typically involves presenting contemporaneous documentation, witness testimony about the signing, and any medical records that reflect the testator’s condition when the will was executed. Clear record keeping and careful execution practices help reduce the risk of successful challenges.
What evidence is used to prove testamentary capacity?
Evidence commonly used to prove testamentary capacity includes medical records, contemporaneous notes, and statements from witnesses who observed the signing. Courts evaluate whether the testator knew the nature of the act, the extent of their assets, and the people who might expect to inherit. Records created near the time of signing carry particular weight because they reflect the testator’s state of mind when the will was executed. Other helpful evidence can include communications that demonstrate the testator’s consistent intent over time and documentation of the signing environment showing the absence of pressure or coercion. Building a clear, contemporaneous record is an effective way to support the will in probate.
Should I update my will if my mental health changes?
If your mental capacity changes, reviewing and possibly updating your will is advisable to ensure it continues to reflect your current intentions and meets legal standards. Significant medical developments or cognitive decline can lead family members to question the validity of earlier documents, so timely review helps clarify your wishes and the circumstances under which they were made. When updating a will under changing health conditions, document the reasons for the change, obtain corroborating observations from witnesses, and, when appropriate, include medical notes that support your decision-making ability at the time of the update. These practices strengthen the will’s defensibility.
What role do witnesses play in validating a will?
Witnesses serve to observe the testator signing the will and later testify about the apparent mental state and voluntary nature of the act. Their testimony can be critical if a will is challenged because it helps establish whether the testator appeared to understand the document and was not subject to coercion. Choosing impartial witnesses who are not beneficiaries strengthens the credibility of their observations. Witnesses should be adults with clear recollections of the signing event and willingness to provide statements if necessary. Proper witness selection and documentation of the signing environment contribute significantly to the will’s ability to withstand scrutiny during probate.
Does having a diagnosed illness automatically mean I lack capacity to make a will?
Having a diagnosed illness does not automatically mean a person lacks testamentary capacity. The legal question is whether the person understood the nature of making a will, the extent of their property, and the identity of likely beneficiaries at the time the will was executed. Many individuals with medical conditions retain sufficient clarity to make valid wills if their understanding at signing is intact. What matters is evidence of the person’s state of mind at the specific moment of execution. Medical records, witness observations, and contemporaneous documentation that reflect comprehension at signing can be decisive in showing capacity despite an underlying illness.
How can I protect my will from undue influence claims?
To reduce the risk of undue influence claims, execute your will in a setting that demonstrates voluntariness and avoid situations where a potential beneficiary has exclusive control over the testator. Use neutral witnesses who can attest to the testator’s independence in making decisions, and document the testator’s statements about their intentions. Clear, contemporaneous records that reflect the reasoning behind changes and the signing circumstances are especially helpful. Additionally, involving an independent legal professional in the drafting and execution process and keeping medical records that corroborate mental clarity at the time of signing further protect against allegations of coercion. These steps create a transparent record that benefactors and courts can review in probate.
What steps should I take if someone contests a will after my death?
If a will is contested after your death, the probate court will evaluate the evidence presented by both sides, including medical records, witness testimony, and any documentation of the signing. The executor or personal representative should gather relevant records and coordinate with legal counsel to respond to the contest. Having a well-documented signing process and neutral witnesses greatly assists in defending the will’s validity. Beneficiaries and fiduciaries should preserve all contemporaneous documents and communications that reflect the testator’s intent and state of mind. Early consultation with counsel experienced in probate matters can help assemble evidence, present a clear narrative to the court, and work toward resolution in a manner that honors the testator’s wishes.
When should I consider a trust instead of a simple will?
Consider a trust instead of a simple will when you want to avoid probate, provide ongoing management for beneficiaries, or handle complex assets such as real estate or business interests. Trusts can transfer property outside the probate process, offering privacy and potentially faster distribution to heirs. They also allow you to set conditions for distributions and provide continuous asset management for beneficiaries who may not be able to manage assets themselves. For residents of East Los Angeles with blended families, substantial assets, or concerns about contested wills, trusts can be an effective complement or alternative to wills. Trusts can also provide additional documentation and structure that reduce uncertainty about intent and capacity at the time of transfer.
How often should I review my estate planning documents?
Review your estate planning documents periodically, especially after major life events such as marriage, divorce, births, deaths, changes in health, or significant changes in assets. Regular reviews help ensure beneficiary designations remain current and that your plan reflects evolving goals and circumstances. Consistent updates also reduce the likelihood that outdated documents will lead to disputes during probate. A review every few years or after a major life change helps maintain alignment between your wishes and the documents. During reviews, confirm that execution practices and supporting records continue to be sufficient to demonstrate capacity and protect the will’s validity in future probate proceedings.