Capacity and contests Flashcards
3 factors to determine testator capacity
age, intent and mental capacity.
4 factors for mental capacity
- Nature and extent of his/her property
- Natural objects of his/her bounty
- Disposition that he/she is making of that property and
- must be capable of relating these elements together regarding disposition
Lack of sound mind is mental ________ and mental ________.
deficiency and derangement
Lucid interval
A person who has lucid intervals can make a valid will so long as it is during the duration when their delusion has ceased.
Insane delusion
A false conception of reality
Mental derangement
A presence of an insane delusion and that insane delusion affected the disposition of the estate.
NC mental derangement
An insane delusion must be distinguished from prejudice, hate, and other conditions which might be associated with sanity.
Fraud
A fraudulent statement is made with the intent to influence testamentary disposition.
2 types of fraud
inducement and exectution
Fraud in the inducement is a misrepresentation about ..
a provision in the document motivating a particular outcome.
Fraud in the execution is a misrepresentation about ..
the document itself.
Duress
A donative transfer is obtained by duress if the wrongdoer threatened to perform or did perform a wrongful act that coerced the donor into making a donative transfer that the donor would not have otherwise made.
elements for tortious interference
- existence of an expectancy
- intentional interference with the expectancy through tortious conduct;
- causation and
damages
Opportunity is shown when ..
A 3P had access to the testator
Opportunity is shown when ..
A 3P had access to the testator
