Will Contests Flashcards

1
Q

What is the age requirement for a will?

A

Must be 18 years old.

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2
Q

What is testimentary intent?

A

A testator must have intended for the document to be her will.

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3
Q

What is the rule for mental capacity?

A

A testator must have mental capacity to execute a will, the burden rests on the contestant.

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4
Q

How can a testator meet the requirements of mental capacity?

A

Knows the nature and extent of her property, persons who are the natural objects of her bounty, nature of the instrument signed and the disposition made.

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5
Q

What is the effect of undue influence?

A

A will is invalid if it was executed as the result of undue influence. A court may invalidate portions.

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6
Q

What is the rule for undue influence?

A

Undue influence is present 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.

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7
Q

How can one establish undue influence?

A

SODA: Susceptible to undue influence, there was opportunity to exert it, the influencer had disposition to exert undue influence and the will appears to be a product of undue influence.

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8
Q

Fraud

A

Fraud occurs when a testator is deceived by misrepresentation and is led to execute a will that he wouldn’t have made.

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9
Q

If the mistake is clear, do courts allow reformation?

A

No. Most jurisdictions do not allow reformation of a will to correct a mistake.

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10
Q

If it’s an unclear mistake, do courts allow reformation?

A

Most states allow extrinsic evidence to clear up ambiguity.

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11
Q

How does a person contest a will?

A

A person contests a will when they want to challenge its validity or admission to probate.

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12
Q

Who can contest a will?

A

Will can only be contested by persons who would be better off financially if the will were denied probate than hey would be if the will were admitted to probate.

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13
Q

What is a no-contest clause?

A

A no-contest clause states that if someone contests it, they cannot take under the will.

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14
Q

How do UPC states handle no-contest clauses?

A

the clause is enforceable unless probable cause exists for challenging the will.

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