Capacity to Make a Will

Question 1

The testator must be capable of knowing and understanding in a general way:
(1)
(2)
(3)
(4)

Answer 1

(1) the nature and extent of his or her property
(2) the natural objects of his or her bounty and
(3) the disposition that he or she is making of that property and must also be capable of
(4) relating these elements to one another and forming an orderly desire regarding the disposition of the property

Question 2

To prevail an _____ case, it must be shown that the testator was ____ under an insane delusion and that the will or some part of the will was a _____ of the insane delusion

Answer 2

insane delusion
laboring
product

Question 3

Define undue influence

Answer 3

A donative transfer is procured by undue influence if the wrong doer exerted such influence over the donor that it overcame the donor’s free will and caused the donor to make a donative transfer that the donor would not otherwise have made

Question 4

Since direct evidence of undue influence is rare, a contestant must rely on ____ ___

Answer 4

circumstantial evidence

Question 5

Who has the burden of proof when undue influence is raised?

Answer 5

The contestant (person contesting the will, saying the will is invalid)

Question 6

In most jx, a contestant is entitled to a ____ of undue influence if the contestant shows the existence of a ____ between the influencer and ____ and one or more ____ are present

Answer 6

Presumption
confidential relationship
testator
suspicious circumstances

Question 7

A claim of undue influence is comprised on 4 elements:
(1)
(2)
(3)
(4)

Answer 7

1. an unnatural disposition has been made
2. by a person susceptible to undue influence to the advantage of someone
3. with an opportunity to exercise undue influence and
4. who in fact has used that opportunity to procure the contested disposition through improper means

Question 8

Although the contestant usually has to prove undue influence, a fiduciary who ___ in a transaction with the person who he is a fiduciary bear the burden of establishing that the ____ did not___ his obligations

Answer 8

benefits
transaction
violate