---
title: "Prepare questions for a will-instructions meeting"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-questions-for-a-will-instructions-meeting/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-P20260916-2-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare questions for a will-instructions meeting

> Draft questions that track Probate Code § 6100.5(a) and the people named in § 21380(a): the testamentary act, the property, family members whose interests are affected, who drafted any existing instrument, and whether…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-questions-for-a-will-instructions-meeting/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 | Draft questions that track Probate Code § 6100.5(a) and the people named in § 21380(a): the testamentary act, the property, family members whose interests are affected, who drafted any existing instrument, and whether a care custodian or a drafter would take. Write no note of the client's answers. |
| What the lawyer must review | You conduct the meeting and you write the notes. Section 6100.5(a)(1) says an individual is not competent if unable to understand the testamentary act, understand and recollect the property, or remember and understand relations to living descendants, spouse, parents, and those whose interests are affected. Section 6100.5(a)(2) covers a mental health disorder with delusions or hallucinations that cause a disposition the individual would not otherwise have made. Section 21380(a) presumes fraud or undue influence for a donative transfer to the drafter, a fiduciary transcriber, a care custodian of a dependent adult in the stated window, and defined relatives, cohabitants, employees, and law-firm colleagues of those people. The presumption affects the burden of proof and is rebutted by clear and convincing evidence, except that § 21380(c) makes it conclusive for the drafter and for persons related to or associated with the drafter under paragraphs (5), (6) and (7). You decide whether anyone in the room is in that list. |
| Written for | United States |
| Applies to | [Prepare questions for a will-instructions meeting](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-questions-for-a-will-instructions-meeting.md) |

## Checking plan

- What the AI does: Draft questions that track Probate Code § 6100.5(a) and the people named in § 21380(a): the testamentary act, the property, family members whose interests are affected, who drafted any existing instrument, and whether a care custodian or a drafter would take. Write no note of the client's answers.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Read § 21380(a)(3) and (a)(4) for the dependent-adult and the 90-day and six-month windows before you apply them. This question list only names the topics.
- Section 21382 and the following sections are exceptions. Open them before you tell a client the presumption applies.
- Other states do not use § 21380. Do not export the conclusive presumption.

## Sources

- [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)
- [California Probate Code § 21380 (presumed fraud or undue influence in a donative transfer)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=21380.) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Estate-planning intake questionnaire (United States)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-estate-planning-intake-questionnaire.md) | Checklist | Yellow | An intake for a US estate plan that collects family, assets, and fiduciary choices, and that separates the HIPAA authorization from the state-law questions the lawyer still has to 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. |

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.*