Will Contests

Question 1

Lack of Testamentary Capacity Test

Answer 1

(1) Did T understand the nature of the act he was doing?
(2) Did T know the nature and character of his property?
(3) Did T know the natural objects of his bounty?
(4) Did T understand the disposition he wished to make?

Question 2

Insane Delusion

Answer 2

A distinctive form of testamentary incapacity: Where T is otherwise sane, but the will or a gift in the will is a product of insane delusion, having no basis in fact or reason, which T adheres to against all reason and evidence, and where the will is the product of insane delusion.

Question 3

Undue Influence

Answer 3

Contestants must show:

(1) Existence and exertion of the influence
(2) Effect is to overpower the mind and will of the testator
(3) The result is a will that would not have existed but for the influence

Influence is not undue unless the free agency of the testator was destroyed and a will produced that expresses the will, not of the testator, but of the one exerting the influence.

In Florida, exists where a principal beneficiary under the will stands in a confidential relationship with the testator (doctor-patient, etc.) draws or procures the execution of a will.

Void to a lawyer (in FL) if the lawyer or person related to lawyer solicited the gift or prepared/supervised the execution of the instrument.
–EXCEPTION: lawyer is related to the person making the gift.