Wills Capacity Flashcards
(47 cards)
What are the four items that determine testamentary capacity?
- the testator understood the nature of the act,
- The testator understood the proposed testementery disposition,
- The testator knows the natural objects of her bounty, (The testator knows the extent of her property,)
- The will represents the testator’s wishes
These items must be known by the individual at the time of the will’s execution.
What is an insane delusion in the context of testamentary capacity?
A false conception of reality which the testator adheres to against all evidence to the contrary
Different from a mistake, because a will based on an ID can be corrected.
What was the outcome of In re Honigman’s Will regarding insane delusions?
An insane delusion may preclude testamentary capacity even if the person acts reasonably about other subjects
Looked at what the testator beleived, and if they had sufficent evididence to believe that fact
In the case of In re Wright’s Estate, what was determined about idiosyncratic acts?
Idiosyncratic acts alone are not enough to show incapacity
The presumption is of sanity, and isolated irregularities cannot negate testamentary capacity.
What is the concept of a lucid interval in relation to testamentary capacity?
A mentally incapacitated person can make a valid will during lucid intervals
Valid inter vivos transfers can also occur during these intervals.
What must be proven to establish a lack of testamentary capacity?
Proof showing the testator’s condition prevented a decided and rational desire regarding property disposition (wilson v lane)
Eccentric beliefs do not automatically disprove capacity.
What is the majority rule regarding the burden of proof in testamentary capacity?
Once due execution is shown, the contestant has the burden of persuasion to show lack of capacity
This is established under UPC 3-407.
What is required to invalidate a will due to insane delusions?
Must show the testator was under an insane delusion and the will was a product of that delusion:
- Need persistent belief not based in fact and adhered to against all evidence.
* Party asserting has the burden. - Material impact on agreement.
* Is connection between delusion and subject of the contract strong enough that delusion destroys person’s ability to act rationally and understand their agreement.n
The delusion must have caused the creation of a will that would not have been made otherwise.
What is an insane delusion?
false conception of reality which the testator adheres to against all evidence to the contrary.
Different from mistake because a mistake can be corrected if T is told truth. Courts do not invalidate wills over mistakes.
What defines undue influence in the context of will contests?
- Ability to exert undue influence
- Dominant position in a confidential or dependent relationship
- Opportunity to exert influence
- Susceptibility of the testator
- Unnatural will indicating the product of undue influence
Typically involves a caretaker influencing a testator with diminished capacity.
Test for mental soundness
- Does a person know what they own, who they are giving property to, disposition they are making?
- These fit together to build an orderly disposition plan
What is undue influence?
A donative transfer is procured by undue influence if the wrongdoer exerted such influence over the donor that it overcame the donor’s free will and caused the donor to make a donative transfer they otherwise would not have made.
Designed to protect testator freedom from impositions less overt than fraud/threat of force.
What are the key elements of the test for undue influence?
- Dominant position based on confidential or dependent relationship
- Opportunity to exert undue influence
- Susceptible testator
- Unnatural will showing that it is the product of undue influence
What is a confidential relationship in the context of undue influence?
A relationship where a person is required to consider the interest of others, including fiduciary, reliant, and dominant/subservient relationships.
Fiduciary relationships arise from settled categories of fiduciary obligation.
What must a contestant prove to establish undue influence?
- The donor was susceptible to undue influence
- The alleged wrongdoer had an opportunity to exert undue influence
- The alleged wrongdoer had a disposition to exert undue influence
- There was a result appearing to be the effect of the undue influence
What circumstances may indicate undue influence?
“suspicious cirucmstances”
- Weakened physical/mental condition of the donor
- Participation of the alleged wrongdoer in will preparation
- Lack of independent advice for the donor
- Secrecy or haste in will preparation
- Changes in donor’s attitude toward others
- Discrepancies between new and previous wills
- Continuity of purpose in former wills
- Unnatural disposition of property
What is the significance of a no-contest clause?
It deprives unsuccessful contestants of their bequest under the challenged will, potentially deterring contests.
A substantial bequest may influence a contestant’s decision to contest.
True or False: A presumption of undue influence exists when an attorney receives a bequest via a will they drafted.
True
What is the burden of proof in undue influence cases?
The contestant has the burden of proof and can use circumstantial evidence to infer undue influence.
What is the effect of a caregiver statute on undue influence claims?
It creates a presumption of undue influence where there is a caregiver on whom the donor relies for health/social services. (dont need fiduciary power)
Fill in the blank: A lifetime transfer procured by undue influence is _______.
voidable by transferor
What are some strategies to avoid will contests?
- Use witnesses like community leaders during execution
- Make multiple wills over time
- Have witnesses attest to the condition of the testator
- Have the testator write a letter detailing disposition
- Video record discussions with the testator
- Dictate to a stenographer
- Hold a family meeting explaining the disposition plan
- Professional examination of client capacity
- Include a no-contest clause
- Use inter vivos trusts with an institutional trustee
What is the concept of ante-mortem/living probate?
A testator institutes an adversary proceeding to declare the validity of a will (while alive).
a lot of negatives associated with this (people trying to gain favor w testator etc)
What is the role of independent advice in proving undue influence?
If the donor received independent advice from an attorney or other competent and disinterested advisors, it may help rebut the presumption of undue influence.
