Legal Definitions - proof of will

Definition: Proof of will refers to the judicial procedure by which a testamentary document is established to be a valid will. It is the process of proving a will to the satisfaction of the court. Unless set aside, the probate of a will is conclusive upon the parties to the proceedings (and others who had notice of them) on all questions of testamentary capacity, the absence of fraud or undue influence, and due execution of the will. However, probate does not preclude inquiry into the validity of the will's provisions or on their proper construction or legal effect.

Example: When a person dies, their will needs to be proven in court to ensure that it is valid. This process is called proof of will. For example, if a person's will is contested by their family members, the court will need to determine if the will was executed properly and if the person was of sound mind when they made the will.

Explanation: The example illustrates how proof of will works in practice. When a person dies, their will needs to be proven in court to ensure that it is valid. This process involves presenting evidence to the court to show that the will was executed properly and that the person was of sound mind when they made the will. If the court is satisfied that the will is valid, it will be admitted to probate, and the executor of the will can begin administering the estate.