Execution of Wills: Testamentary Intent

Question 1

Elements to execute will

Answer 1

(1) testamentary intent
(2) testamentary capacity
(3) statutory formalities

Question 2

Testamentary intent

Answer 2

At the time of execution, testator intends that this particular document be their will

Question 3

Overcoming testamentary intent

Answer 3

(a) undue influence
(b) fraud
(c) mistake

Question 4

Undue influence elements

Answer 4

Challenger must prove the wrongdoer exerted such influence over testator
that:
(1) Overcame testator’s free will, and
(2) Caused testator to make a transfer they wouldn’t have otherwise made

Question 5

Presumption of undue influence

Answer 5

Presumption of undue influence if:
(1) The wrongdoer was in a confidential relationship with testator, and
(2) There were suspicious circumstances surrounding the preparation/execution of the will

Question 6

Two kinds of fraud in wills

Answer 6

(1) fraud in execution
(2) fraud in inducement

Question 7

Fraud in execution of will

Answer 7

Fraud as to the nature of contents or writing itself = will invalid

Question 8

Fraud in inducement of will

Answer 8

Established by proof that:
(1) a beneficiary made a knowingly false representation to testator for the purpose of inducing testator to execute a will in their favor, and
(2) testator wouldn’t have made such devise in absence of the representation

Question 9

Part fraud by inducement

Answer 9

If only part of will was product of such fraud, court can reject that part (falls into residue) and probate rest of the will

Question 10

Two kinds of mistake in wills

Answer 10

(1) in the execution
(2) in the inducement

Question 11

Mistake in the execution

Answer 11

Mistake as to the nature of the document = will is invalid

Question 12

Mistake in the inducement of will

Answer 12

Testator executes a will/clause because testator is mistaken as to the true facts –> does NOT affect testamentary intent, so NO relief granted