Grounds to Contest Will

Question 1

Typical Grounds to Contest Will

Answer 1

1. Invalid Formation
2. Insane Delusion
3. Undue Influence
4. Fraud
5. Mistake in Execution
6. Mistake in Inducement

Question 2

Insane Delusion

Answer 2

1. Testator had a false belief
2. That belief was the product of a sick mind
3. That sick mind affected some part of the will
4. There is no evidence at all that the belief is true

Question 3

Fraud

Answer 3

1. Representation of a material fact
2. Known to be false by the wrongdoer
3. Made for the purpose of inducing action
4. That actually does induce action

Question 4

Fraud in the Execution vs. Fraud in the Inducement

Answer 4

Fraud in the execution: renders an entire will invalid–> tricking the testator into signing something that turns out to be his well

Fraud in the inducement: only the part of the will that the fraud procured

Question 5

Types of Undue Influence

Answer 5

1. Prima Facie Case
2. Presumption of Undue Influence
3. Statutory Undue Influence

Question 6

Prima Facie Undue Influence

Answer 6

Court considers circumstantial evidence of the following factors:

1. Testator has some suscepitibility
2. There is opportunity to take advantage of it
3. Active Participation by the other person in procuring the will
4. Disposition of the will at odds with expressed intention of the testator
5. Unnatural Result of a devise to you or someone close to you

Question 7

Presumptive Undue Influence

Answer 7

1. Confidential Relationship
2. Active Participation
3. Unnatural Result
4. Not Rebutted by Clear and Convincing Evidence

Question 8

Statutory Undue Influence

Answer 8

Rule: If the following receives a gift and is not “kindred”:
1. Drafter (conclusive)
2. Fiduciary (Presumptive)
3. Caretaker relationship that with no prior personal relationship before incapacitation (Presumptive)
4. Spouse or Blood Relative or Employee of any of the above (Presumptive)

Question 9

Order of Abatement to Contest Testator’s Debts

Answer 9

1. Intestacy
2. Residue
3. General Gift (non relatives first)
4. Specific Gift (non relatives first)

Question 10

General Rule of Undue Influence

Answer 10

To establish undue influence, the contestant has the burden of proof to show that:
1. Influence was exerted on the testator
2. The effect of the influence was to overpower the mind and free will of the testator
3. No will would have been executed but for the influence

Question 11

Proving Undue Influence

Answer 11

Usually proven by circumstantial evidence –> see factors for prima facie case

Question 12

Unnatural Result of Will

Answer 12

Favors a stranger over the natural objects of a testator’s bounty