Will Contests Flashcards
Time for Will Contest
Must be filed within six months after a will is admitted to probate.
Standing for WIll Contests
Beneficiaries, not creditors.
No Contest Clause
Enforceable, unless probable cause exists.
Lack of Capacity
Mental capacity is presumed. Burden of proof is on contestant.
Insane Delusion
An insane delusion is a belief of supposed facts that do not exist AND which no rational person would believe.
Insane Delusion Test/Causation
A rational person in testator’s situation could not have reached same conclusion.
But for insane delusion, testator would not have disposed of property in same manner.
Undue Influence
Undue influence occurs when a person exerts influence that overcomes testator’s free will and judgment
Undue Influence
Prima Facie Case
1) testator had weakness that made him susceptible to influence
2) wrongdoer had access and opportunity to exert influence
3) wrondoer actively participated iin drafting of will
4) there is an unnatural (unexpected) result
Presumption of Undue Influence
Common Law
1) confidential relationship existed
2) wrongdoer actively participated in will drafting
3) an unnatural result occurred
Fraud
1) an individual knowingly makes a material misrepresentation of fact
2) with the intent to induce reliance
3) misrepresentation actually induces reliance to testator’s detriment
Fraud in the Inducement
Occurs when a person deceives a testator regarding facts related to the instrument.
(i.e., property or beneficiaries)
will would have been different had known of facts
Fraud in the Execution
Occurs when a person deceives a testator regarding the nature of the document being signed.
character/contents of will
