CONSCIOUS-PRESENCE TEST

conscious-presence test.A method for judging whether a testator is in the presence of a witness to a will, whereby if the testator can sense the presence of the witness — even if the witness cannot be seen — the witness is present. Restatement (Third) of Property: Wills and Other Donative Transfers  §  3.1   (1999). —  Also  termed conscious  presence. See PRESENCE-OF-THE-TESTATOR RULE E. [Blacks Law 8th]