Lesson 3

Question 1

Five Grounds for Attacking the Validity of a Will

Answer 1

1) Fraud
2) Undue Influence
3) Insane Delusion
4) Mistake in the Inducement
5) Mistake in the Execution

Question 2

Ambiguity

Answer 2

When the testator’s will includes words or descriptions which are subject to multiple interpretations, extrinsic evidence may be admissible to resolve ambiguities.

Question 3

Fraud

Answer 3

Fraud in connection with the execution of a will requires (1) a false statement of material fact, (2) known to be false by the party making the statement, (3) made with the intent of deceiving the testator, (4) actually deceiving the testator, and (5) the testator acting in reliance upon such statements.

Question 4

Undue Influence

Answer 4

A testator’s free agency is destroyed by mental coercion from another so that the testator’s intent is replaced by another’s intentions instead of his own.

Question 5

Insane Delusions

Answer 5

If the testator possesses ideas or beliefs which spring spontaneously from a “diseased or perverted mind” without reason or foundation in fact, that portion of the will which is affected by the delusion will be invalidated.

Question 6

Mistake in the Inducement

Answer 6

The testator executes a will under mistaken belief of a material fact, which if correctly understood would have altered his or her disposition.

Question 7

Mistake in Execution

Answer 7

A mistake in the execution occurs where the testator does not understand the nature of the document that he or she is signing.