Capacity

Question 1

Undue Influence Presumption Requirements

Answer 1

When (1) a beneficiary is in a confidential relationship to a testator, (2) participates in some way in “procuring” a gift, and (3) the gift is an “unnatural” bequest that favors the beneficiary, a presumption of undue influence arises which, if not rebutted, invalidates the gift.

Question 2

Requirements to Show Undue Influence

Answer 2

In the absence of the presumption, the challenger must show that: (1) the testator was susceptible to undue influence; (2) the beneficiary had the opportunity to exercise undue influence; (3) the beneficiary had the disposition to influence the testator; and (4) the gift to the beneficiary was unnatural.

Question 3

Insane Delusion

Answer 3

This is not general insanity, but insane delusions that actually cause the bequest. The test is whether but for the insane delusion, the bequest would not have been met.

Question 4

Fraud in the Execution

Answer 4

Fraud in the execution occurs where a testator is misled into executing the instrument by false representations concerning the character or content of an instrument.

Question 5

Fraud in the Inducement

Answer 5

Fraud in the inducement occurs where a testator is misled into executing the instrument or a particular gift by false representations concerning facts that influence his motivation.

Question 6

Mistake

Answer 6

Where there is a mistake as to the character of the document, it cannot be probated, since there is not intent to make a will. Where there is mistake in the inducement, there is no relief unless both the fact of the mistake and the disposition the testator would have made but for the mistake appears on the face of the instrument.