Decedents' Estates Flashcards
Insane delusion rule
A testator’s will can be challenged on grounds that at the time the testator executed her will she was under an insane delusion that impacted the disposition being made in the will or, as discussed in Point Two, on the basis that the testator lacked so-called general mental capacity.
“A delusion is a false conception of reality. . . . An insane delusion . . . is one to which the testator adheres against all evidence and reason to the contrary.” If the testator’s alleged delusion has some rational basis, courts typically do not find the delusion to be insane. See id. And, in many states, the testator must have some symptoms of a mental disorder, such as delusions or hallucinations, before a court will find that he or she suffered from an insane delusion. In addition, a will can be set aside because of an insane delusion only if the will “is a product of the insane delusion.” Thus, if the testator had other grounds for writing the will as she did, it will not be set aside.
General Mental Capacity
To execute a valid will, a testator must have general mental capacity at the time the will is executed. A mental illness or cognitive impairment does not preclude a finding that a testator has capacity, and a will contestant bears the burden of proving incapacity. See generally Unif. Prob. Code § 3-407.
To have the mental requisite capacity to execute a will, a testator, at the time of signing the will, must understand
must understand
1.the nature and extent of his/her property,
2.the persons who are the “natural objects” of his/her bounty,
3.the disposition being made of his/her property in the will, and
4.the relationship of the preceding three elements to one another to form an orderly disposition of the property.
Standing to contest a will
Only persons with a financial interest in a successful will contest have standing to contest a will. McGovern et al., supra, at 546. A person with a financial interest is one who would take a greater portion of the decedent’s estate if the contest succeeded than he or she would take if the contest failed.
