Intent Flashcards
4 Issues
Capacity; Insane Delusion; Fraud; Undue Influence
Capacity
Over 18; Understand extent of your property; Know the ‘natural objects of your bounty’ (relatives/spouse); Know the nature of your act (devising a will and its consequence)
Consequence of no capacity
entire will void
Insane Delusion:
If at time of execution: Testator had false belief; Belief was because of sickness in mind; No evidence to support belief; Delusion affects the will.
Insane Delusion consequence:
part of will affected is removed; that affected part goes to residuary devisee or intestate succession
Lack of capacity v. delusion:
Lack of capacity = entire will is invalid b/c you don’t know what’s going on
Delusion = Just that area affected (you know what’s going on, just mistaken belief of a part of what’s happening)
Fraud elements:
1) Material Known Misrepresentation 2) With Intent to induce reliance 3) Reliance is induced
Types of fraud for WIlls
Fraud in the inducement, fraud in the execution, and Fraud in preventing testator from revoking will
Fraud in the Execution:
Consequence?
Forging testator’s will OR telling him what he’s signing isn’t a will but it is. Entire will is invalid, property passes by intestate succession, unless prior valid will
Fraud in the Inducement:
Consequences:
A misrepresentation is made to affect the contents of the will
Consequence: that part invalid
Fraud in inducement options for court:
1) give property to residuary devisees; 2) No residue=intestate succession; 3) Constructive Trust Remedy
Constructive Trust remedy:
When you make property go to residuary devisee or intestate succession and the devisee/heir becomes constructive trustee to execute will as testator wanted determined by court
Fraud in inducement vs. fraud in execution:
Fraud in Execution: Didn’t mean to sign a will
Fraud in Inducement: meant to sign will but misrepresentation affected it
Fraud in preventing testator from revoking
Similar to Fraud in Inducement (You give misrepresentation to keep testator from revoking the will so you can keep the inheritance); results in NO PROBATE of the will, constructive trustee
Undue Influence: Types
Prima Facie Case
Case Law Presumption
Statutory Presumption