Will Contests

Question 1

Who has standing to challenge a will?

Answer 1

Only an interested party.

Question 2

When must an interested party file a contest claim?

Answer 2

Within 6 months after the will is admitted to probate.

Question 3

What is needed to challenge capacity?

Answer 3

Proponent must show

• No capacity when will was made
• Whether the testator had the ability to know the nature of act, the nature and character of property, the natural objects of his bounty (who), and the plan of the attempted disposition.

Note: Not whether he actually knew, just whether he had the ability to.

Question 4

What is an Insane Delusion?

Answer 4

A false belief to which the testator adheres in spite of reason and evidence to contrary.

Objective test, measure against actions of a reasonable person. But for causation needed.

Question 5

What is undue influence?

Answer 5

Coercive relationship. Requires the contestant to show
- The beneficiary relieved a substantial benefit under the will and the beneficiary had a confidential relationship with testator
AND
- The testator had a weakened intellect.

If proven, the burden shifts to the other side to show by preponderance of the evidence that there was no undue influence.

Question 6

What is fraud?

Answer 6

The intent to deceive the testator and the intent of influencing the testamentary disposition.

Fraud in the inducement and fraud in the execution

Remedy
- A constructive trust.

Question 7

What are forfeiture clauses?

Answer 7

In Terrorem: A no-contest clause designed to dissuade a beneficiary form suing about his share.

Under UPC the clause is unenforceable if the beneficiary had probable cause to challenge.