In re matter of Preston Junior Bush                    Case No. 18P0099
The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of decedent’s competency than the proposed witness testimony presented by the will proponents. The offer of proof by the will opponents fails to carry the burden required for this court to declare the will invalid under Probate Code section 6100.5.
The objection to the will on the grounds it was witnessed by interested persons is overruled. The will was hand written by decedent’s friend and companion. The decedent declared that the will reflected his instructions on how to dispose of his real property and decedent signed the will. The will was then witnessed in writing by this friend and companion, who was not a beneficiary under the will. The will proponent has also submitted a declaration