Defense Flashcards
1
Q
Will
Undue Influence
A
1) existence and exertion of the influence
2) Effect is to overpower the mind and will of the testator
3) The result is a will that would not have been executed before the influence.
2
Q
Will Contest
Burden of Proof: Lack of Testamentary Capacity
A
Burden of proof on contestent
3
Q
Lack of Testamentary Capacity
TEST
A
1) Did T Understand the nature of the act he was doing
2) Did T know the nature and character of his property?
3) Did he know the nature objects of his bounty? (look up)
4) effect of the will (look up)
