Will Contests

Question 1

Grounds to contest a will

Answer 1

1) defective execution
2) revocation
3) lack of testamentary capacity
4) lack of testamentary intent
5) undue influence
6) fraud
7) mistake

Question 2

Procedural aspects of will contest

Answer 2

within six months after will admitted to probate
only interested parties.
Creditors, executors, and testamentary trustees are not interested parties

Question 3

Testamentary capacity

Answer 3

1) Must be 18

2) must have mental capactiy

Question 4

Mental Testamentary capacity

Answer 4

Must have capacity to understand
1) the nature of her act
2) nature and extent of her property
3) who are the natural object of her bounty
4) above factors and be able to formulate an orderly scheme.
AT TIME of execution

Question 5

Burden of Proof for Capacity

Answer 5

T presumed competent, burden is on the contestant

Question 6

Undue Influence

Answer 6

Contestant must show

1) influence was exerted
2) effect of the influence was to overpower the mind and free will of T
3) resulting testamentary disposition would not have been executed BUT FOR the influence

Question 7

Presumption of undue influence

Answer 7

Presumption if
1) confidential relationship between T and beneficiary.
and
2) beneficiary was active in procuring, drafting, or executing the will

Question 8

Fraud

Answer 8

Contestant must show
T was willfully deceived as to 
1) character or content of will
2) extrinsic facts that would induce the will
3) facts material to a disposition

Question 9

Mistake in Execution

Answer 9

T did not know the instrument was a will

Question 10

No- Contest Clauses

Answer 10

Beneficiary forfeits her interest if challenges the will - enforceable unless beneficiary had probable cause to bring contest