wills 1 - Sheet1

Question 1

wills

Capacity

-At the time of execution

Answer 1

(1) 18 years old
(2) knowledge of property
(3) knowledge of natural objects of her bounty
(4) nature of her act

-Lowest level of capacity known to the law

Question 2

wills

Consequences of Lack of Capacity

Answer 2

(1) ENTIRE will is invalid
(2) Intestate succession or prior will

Question 3

wills

Insane Delusion

-At the time of execution

Answer 3

(1) T had false belief
(2) That was a product of a sick mind
(3) No evidence to support belief
(4) Delusion affected T’s will

Question 4

wills

Consequences of Insane Delusion

Answer 4

(1) ONLY the PART of the will that was affected is invalid
(2) Residue or, if delusion affected residue, intestate succession

Question 5

wills

4 Concepts of Intent

Answer 5

(1) Capacity
(2) Insane Delusion
(3) Fraud
(4) Undue Influence

Question 6

wills

Fraud: Elements

Answer 6

(1) Representation
(2) Material fact
(3) Known to be false
(4) Intent to induce
(5) Actual inducement

Question 7

wills

Fraud: Types

Answer 7

(1) Inducement
(2) Execution
(3) Preventing Revocation

Question 8

wills

Consequences of Fraud in Execution

Answer 8

ENTIRE will is invalid

• T was defrauded into signing/creating the will
• T had NO intent to create a will

Question 9

wills

Consequences of Fraud in Inducement

Answer 9

ONLY the PART of the will affected by the fraud is invalid

• Fraud affected the content of T’s will
• T did not intent those terms/individuals to be in his will

Question 10

wills

Remedy for Fraud in the Inducement

Answer 10

(1) Residuary
(2) Intestate Succession
(3) Constructive Trust

-Court’s election; Furtherance of justice

Question 11

wills

Consequences of Fraud in Inducement

Answer 11

Court will NOT probate the will

Remedy: Constructive Trust for intended beneficiary

Question 12

wills

Undue Influence: Types

Answer 12

(1) Prima Facie Case
(2) Presumption
(3) Statutory

Question 13

wills

Elements of Undue Influence: Prima Facie Case

Answer 13

(1) Susceptibility of T
(2) Opportunity/Access of B
(3) Active Participation by B
(4) Unnatural Distribution of T’s Will

Question 14

wills

Elements of Undue Influence: Presumption

Answer 14

(1) Confidential Relationship (any)
(2) Active Participation by B
(3) Unnatural Distribution of T’s Will

Question 15

wills

Statutory Undue Influence

Answer 15

CA invalidates donative transfers to:

(1) Drafter of will
(2) Relative or spouse of the Drafter
(3) Fiduciary who can Transcribe the will (or cause it to be transcribed)

(4) ‘Care Custodian’ of a ‘Dependent Adult’
- 18 and mentally handicapped OR
- 65+

NOTE: Exceptions

Question 16

wills

Statutory Undue Influence: Exceptions

Answer 16

(1) B is Related to or Spouse of T
(2) Independent Attorney Reviews

(3) Court determines no wrongdoing
- Clear and convincing evidence
- NOT an exception if Drafter is B

Question 17

wills

Consequences of Undue Influence: ALL

Answer 17

ONLY the PART that was affected is invalid

Question 18

wills

Remedy for Undue Influence: ALL

Answer 18

Prima Facie Case OR Presumption

(1) Residue
(2) Intestate Succession
(3) Constructive Trust

Statutory

(1) Gift shall not exceed transferee’s intestate share
(2) Remainder goes to Residue OR Intestate Succession

*Court’s Election; Interest of Justice

Question 19

wills

6 Concepts of Mistake

Answer 19

(1) Mistake in content
(2) Mistake in execution
(3) Mistake in inducement
(4) Mistake in description (ambiguity)
(5) Mistake in the validity (DRR)
(6) Mistake involving living children

Question 20

wills

Mistake in Content: Remedy

-Wrong Beneficiary or Gift

Answer 20

(1) Omission
- Court will not change the will
- Exception: DRR and Omitted Children

(2) Addition
- Court may strike out addition