Probate Proceedings and Will Contests

Question 1

Standing

Answer 1

Must be able to allege a pecuniary loss

Question 2

Burden of Proof

Answer 2

• Burden is on the person offering the will for probabe
• Must prove:
  
  1. Signature at the end is the testator’s
  2. WIll was properly witnessed and signed

Question 3

Will Contests

Answer 3

• Can only be brought by someone with a pecuniary interest in the distribution of the estate
• Cannot contest will while testator is alive

Question 4

No Contest Clause

Answer 4

• A no-contest clause is a provision in a will that purports to penalize any interested person for contesting the will or instituting other proceedings relating to the estate

Question 5

When is a no contest clause unenforceable?

Answer 5

Person affected had reasonable cause to contest the will