Challenging the Validity of the Trust

Question 1

What is undue influence

Answer 1

Undue influence occurs when mental or physical coercion is exerted by a third party on a tester with the intent to influence the testator such that he looses control his own judgment. if undue in blue is show the trust may be invalidated in whole, or in part.

Question 2

what is undue influence under the traditional approach?

Answer 2

A contestant must show four elements
1 . susceptibility: testator was susceptible to being influenced

2. motive: the influence has reason to benefit
3. Opportunity: the influencer had app to influence
4. Causation: the influence caused an unnatural resutl

Question 3

What’s undue influence under the confidential relationship?

Answer 3

1. the principal beneficiary of the will has a confidential relationship with the testtor
2. the principal beneficiary participated in executing the will land
3. the gift to the beneficiary is unnatural.

If the presumption arises, the bene must show through clear and convincing evidence that he didn’t exercise undue influenceIf the beneficiary exerted undue influence, he will only receive what he would be entitled to under an intestate approach

Question 4

How does fraud affect a trust

Answer 4

A trust can be invalidated due to fraud. Fraud requires a misrep made by a beneficiary wit both the intent to deceive the settlor and the purpose of influencing the testamentary disposition.

Question 5

What is Fraud in the inducement?

Answer 5

A misery that causes the truster to make a different trust the he would otherwise would have made. it must be shown that the truster would not have made the gift if her had known the trust.

Question 6

What’s Fraud in the Execution?

Answer 6

A misrep as to the trust itself or its contents