---
title: "Build a will-validity issues list from the execution and the file"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/build-a-will-validity-issues-list-execution-capacity-and-suspicious-circ/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-T1-R9-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build a will-validity issues list from the execution and the file

> List, with pins, what the file shows about a writing, a signature, witnesses present together, and the facts that go to the § 6100.5 capacity elements. Conclude nothing.

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/build-a-will-validity-issues-list-execution-capacity-and-suspicious-circ/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List, with pins, what the file shows about a writing, a signature, witnesses present together, and the facts that go to the § 6100.5 capacity elements. Conclude nothing. |
| What the lawyer must review | You decide validity. California Probate Code § 6110 sets the writing, signature and witness rules, and § 6110(c)(2) allows a proponent to prove by clear and convincing evidence that the testator intended the instrument to be the will if the witness rule was missed. Section 6100.5 covers understanding the testamentary act, the property, and the person's relations, and a mental health disorder with delusions that caused the disposition. Undue influence is state case law. Open it. Do not treat this list as a finding. |
| Written for | United States |
| Applies to | [Build a will-validity issues list: execution, capacity and suspicious circumstances](https://ailawframework.com/practice/wills-estates-probate-and-succession/build-a-will-validity-issues-list-execution-capacity-and-suspicious-circ.md) |

## Checking plan

- What the AI does: List, with pins, what the file shows about a writing, a signature, witnesses present together, and the facts that go to the § 6100.5 capacity elements. Conclude nothing.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- These sections are California. A will of a person domiciled elsewhere is tested under that state's statute.
- A capacity flag is not a medical opinion and not evidence. You decide what a witness can say.

## Sources

- [California Probate Code § 6110 (execution of a will)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110) (checked 2026-10-22)
- [California Probate Code § 6100.5 (mental competence to make a will)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6100.5) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Withdrawal of caveat (Supreme Court of Victoria, Probate Office)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/form-vic-probate-withdrawal-of-caveat.md) | Form | Yellow | Link to the Probate Office withdrawal of caveat. The forms index lists it as a Probate Office form, with a PDF and a Word file dated in the October 2022 folder. |
| [Caveator's grounds of objection (Supreme Court of Victoria, Probate Office)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/form-vic-probate-caveators-grounds-of-objection.md) | Form | Yellow | Link to the Probate Office form for a caveator's grounds of objection. The index lists a PDF and a Word file in the March 2024 folder. |
| [HIPAA authorization for estate planning (United States)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-hipaa-authorization.md) | Letter | Yellow | An authorization that tracks the core elements and required statements in 45 CFR 164.508, kept as its own document, with psychotherapy notes excluded and state privacy law left open. |
| [Capacity and family questions for a will meeting (United States)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-capacity-and-family-questions.md) | Checklist | Yellow | Meeting questions that record who was present, how the client described the gifts, and who prompted an answer, without stating a legal test for capacity. |
| [Consent under section 9 of the Wills Act 1997 (Supreme Court of Victoria, Probate Office)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/form-vic-probate-consent-section-9-wills-act.md) | Form | Yellow | Link to the Probate Office sample form of consent under section 9 of the Wills Act 1997. |
| [Caveat (Queensland UCPR Form 116)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/form-qld-ucpr-116-probate-caveat.md) | Form | Yellow | Link to Uniform Civil Procedure Rules Form 116, published on the Queensland Courts forms index as a caveat. The index entry opened gives the form, not a time limit. |
| [Notice in support of caveat (Queensland UCPR Form 118)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/form-qld-ucpr-118-notice-support-caveat.md) | Form | Yellow | Link to Uniform Civil Procedure Rules Form 118, published on the Queensland Courts forms index as a notice in support of a caveat. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*