ND HB1363

Expands who may petition for a declaratory judgment on will validity to include the testator, nominated personal representatives with testator's consent, interested parties, and the testator's legal guardian, conservator, or power of attorney.

Court shall declare a will valid if it finds the will was properly executed and the testator had testamentary capacity and freedom from undue influence; court shall declare it invalid if these requirements are not met.

A finding of validity under this chapter constitutes an adjudication of probate and is binding in North Dakota unless the testator executes a new will and institutes a new proceeding.

Facts found in an ante-mortem probate proceeding are not admissible in evidence in other proceedings and determinations are not binding in actions unrelated to will validity.