---
title: "Build the will-instructions pack on capacity and influence"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-the-will-instructions-pack-capacity-undue-influence-and-family-n/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-T1-R1-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build the will-instructions pack on capacity and influence

> Prepare a one-page prompt for the meeting: the three recollection items in Probate Code § 6100.5(a)(1), the delusion test in § 6100.5(a)(2), and the people listed in § 21380(a). Leave the answer lines blank.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-the-will-instructions-pack-capacity-undue-influence-and-family-n/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 | Prepare a one-page prompt for the meeting: the three recollection items in Probate Code § 6100.5(a)(1), the delusion test in § 6100.5(a)(2), and the people listed in § 21380(a). Leave the answer lines blank. Write no memorandum of the meeting. |
| What the lawyer must review | You complete the pack with what you see and hear, and you keep the notes. Section 6100.5(b) says the section does not supersede existing law on evidence of incompetence. Section 21380(c) is conclusive, not rebuttable, for a transfer to the drafter and to persons related to or associated with the drafter under paragraphs (5), (6) and (7). Section 21380(d) puts costs, including reasonable attorney's fees, on a beneficiary who does not rebut the presumption. You decide whether to include a gift to anyone in subsection (a). The blank pack is not a finding. |
| Written for | United States |
| Applies to | [Prepare the will-instructions pack: capacity, undue-influence and family notes](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-the-will-instructions-pack-capacity-undue-influence-and-family-n.md) |

## Checking plan

- What the AI does: Prepare a one-page prompt for the meeting: the three recollection items in Probate Code § 6100.5(a)(1), the delusion test in § 6100.5(a)(2), and the people listed in § 21380(a). Leave the answer lines blank. Write no memorandum of the meeting.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat every family gift as presumed. Subsection (a) lists drafters, transcribers in a fiduciary relationship, care custodians of a dependent adult, and defined associates.
- The conclusive rule in § 21380(c) is California. Confirm the state of the client's domicile before you use it.

## 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. |
| [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. |
| [State-specific estate-planning questions (United States)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-state-specific-estate-questions.md) | Memo | Yellow | A memo that lists the estate-planning points that follow state statute, beside the two federal privacy rules that were opened, and that leaves each state citation blank until it is read. |

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.*