Mental Capacity/Undue Influence

Question 1

Mental Capacity

Answer 1

• a testator must have mental capacity to execute a will
• burden rests on the contestant
• a testator needs to know (1) the nature and extent of his property, (2) the persons who are the natural objects of the tesator’s bounty, (3) the nature of the instrument that the testator is signing, and (4) the disposition that is being made in the will

Question 2

Undue Influence

Answer 2

This presents when the wrongdoer exerts such influence over the testator that it overcomes the testator’s free will and causes the testator to make a gift that he would otherwise not have made.
* the testator was (1) susceptibel to undue influence, (2) the alleged influencer had the opportunity to exert undue influence, (3) the alleged influence had a disposition to exert undue influence, (4) and the will appears to be a product of undue influence.