validity of wills + intestacy: duress + undue influence Flashcards
(11 cards)
what must a challenger prove to prevent a will from being admitted to probate if T had capacity + appeared to know + approve its contents?
they must prove force or fear
fraud
or
undue influence
what does “force or fear” refer to in the context of challenging a will?
refers to use of actual or threatened injury to influence the T
what’s required to prove fraud in relation to a will?
T must have been misled by a false pretence
what is meant by undue influence when challenging a will?
means that T’s freedom of choice was overpowered by pressure or duress, even if their judgment was intact
is persuasion alone enough to count as undue infleunce?
no, persuasion must reach the level of coercion or duress to be considered undue influence
why is proving undue influence considered difficult?
bc the challenger must collect evidence from fam, friends, carers…
what’s the consequence if someone fails to prove undue influence when challenging a will?
they will be penalised in costs
Arthur’s Will and Bella’s Challenge
Facts:
Arthur died at 90.
His will, made last year, left his estate to Yvonne, a care worker who visited him regularly for the last two years.
Yvonne wrote the will at Arthur’s request and he signed it according to the Wills Act 1837 (s 9).
Bella, Arthur’s niece, claims the will is invalid because Arthur lacked knowledge and approval of its contents.
who did arthur leave his estate to in his will?
yvonne, a care worker who visited him regularly for the last 2 yrs
Arthur’s Will and Bella’s Challenge
Facts:
Arthur died at 90.
His will, made last year, left his estate to Yvonne, a care worker who visited him regularly for the last two years.
Yvonne wrote the will at Arthur’s request and he signed it according to the Wills Act 1837 (s 9).
Bella, Arthur’s niece, claims the will is invalid because Arthur lacked knowledge and approval of its contents.
who wrote arthur’s will + at whose request?
yvvone wrote will at arthur’s request
Arthur’s Will and Bella’s Challenge
Facts:
Arthur died at 90.
His will, made last year, left his estate to Yvonne, a care worker who visited him regularly for the last two years.
Yvonne wrote the will at Arthur’s request and he signed it according to the Wills Act 1837 (s 9).
Bella, Arthur’s niece, claims the will is invalid because Arthur lacked knowledge and approval of its contents.
how was arthur’s will executed?
arthur signed it in accordance w s9 of wills act 1837
