Intent

Question 1

Capacity

Answer 1

18 + understands extent of property + knows nat’l objects of bounty + know who’s interest affected by will

–None = will invalid

-Issues: Insane delusion, fraud x3, undue influence

Question 2

Insane Deluision

Answer 2

false belief is product of sick mind + no E to support belief + causation (affected will)

-Result: affected part invalid (residuary -> intestate)

Question 3

Fraud

Answer 3

St of material fact + know to be false + purpose of inducing + causation (induces)

3 types: Execution, Inducement, Preventing Revocation

Question 4

Fraud in the Execution

Answer 4

T’s signature forged or T doesn’t know signing a will

-Result: will invalid

Question 5

Fraud in the Inducement

Answer 5

Wrongdoer’s rep affects contents of will

-Result: affected part invalid (residuary -> intestate)

Question 6

Fraud in Preventing T from Revoking

Answer 6

Wrongdoer’s rep causes T not to revoke

-Result: will not probated

Question 7

Undue Influence

Answer 7

one substitutes their intent for T’s

1. PRIMA FACIE CASE: susceptibility + opportunity + motive + causation (abnormal result)
2. CASE LAW PRESUMPTION: confidential relation (broad) + active in procurement of will + undue benefit (abnormal result)
3. STATUTORY PRESUMPTION: gift goes to drafter, caregiver or their family (not family of T, reviewed by atty, or 5K/100K)