Will Contents Flashcards
What is the standing requirement to contest?
Only directly interested parties who stand to benefit financially may contest a will
-> not T’s general creditors NOR the spouse or prospective heir of a beneficiary under a prior will
When is it found that T lacks testamentary capacity?
T lacks capacity if at the time of the will’s execution T did not have the ability to know
-> the nature of act
-> the nature and character of his property
-> the natural objects of his bounty
AND
-> the attempted disposition plan
What is an insane delusion?
What is the goal of this contest to a will?
What test is used to determine if T has insane delusion?
What is the “but for” cause of the insane delusion contest?
A belief for which there is no factual or reasonable basis, BUT to which T adheres despite all reason and evidence to the contrary
Goal is to claim T has insane delusion and so lacked capacity of testamentary capacity
Test - rational person test
-> a rational person in T’s situation could not have reached the same belief
The delusion was the sole cause of the testamentary disposition.
What is undue influence with regards to contesting a will?
Mental or physical coercion exerted by a third party on T with the intent to influence T such that he loses control of his own judgment and executes an unnatural will.
What is the argument made that a confidential relationship should be grounds to contest the will?
What relationship is specifically not a confidential relationship with regard to the contest of a will?
Who has the burden of proof, and by which standard, to show that a confidential relationship didn’t negatively impact the creation of a will?
How is the beneficiary treated if it is found that they exercised undue influence on T?
T, as a result of his weakness or dependent state, confided, trusted, or relied upon the other party.
No confidential relationship between husband and wife.
Burden of proof is on the beneficiary to show by a preponderance of the evidence that there was no undue influence.
The beneficiary is treated as though he predeceased T to the extent the gift exceeds the beneficiary’s intestate share.
How does fraud work as a contest to a will?
A misrepresentation made the beneficiary when the will was executed with the intent to deceive T and with the purpose of influencing the disposition, resulting in a will that would have been executed but for the fraud.
How does the forfeiture clause work?
How does the UPC/most states deal with forfeiture clauses?
Designed to deter a beneficiary from suing over his share by causing him to lose share entirely if he does so
UPC/most states find forfeiture clauses unenforceable against a beneficiary who has probably cause to contest.
What are restraints on marriage with regards to a will?
Are they valid?
Provisions imposing a forfeiture of a gift if the beneficiary should ever marry are invalid as against public policy.
Under the UPC, laws from which state are looked at when there is a conflict of laws with regard whether a will is valid or not?
Validity under the UPC is determined under the law of the place where the will was executed or the testator is domiciled.
