Legal Definitions - conscious-presence test

The conscious-presence test is a way to determine if a person making a will is in the presence of a witness. If the testator can sense the presence of the witness, even if they cannot see them, then the witness is considered present.

For example, if a person is making a will and a witness is standing behind a curtain, but the testator can sense that someone is there, then the witness is considered present according to the conscious-presence test.

This test is important because witnesses must be present when a will is signed in order for it to be considered valid. The conscious-presence test helps to ensure that witnesses are truly present, even if they are not visible to the testator.