Will Contests

Question 1

Standing

Answer 1

Anyone whose interest is directly affected

Question 2

Grounds to contest a will

Answer 2

Defective execution; will revoked; lack of formalities in execution; undue influence; fraud; mistake

Question 3

Contesting will due to lack of capacity

Answer 3

Must prove that at the time of execution the testator could not understand the nature of the act, the extent of the property, the natural objects of their bounty, or the nature of the disposition.

Question 4

Undue Influence

Answer 4

1. Influence exerted on the testator;
2. Over-powered the mind & free will of the testator; and
3. Product was a will that would not have been made but for the influence

Question 5

Presumption of Undue Influence

Answer 5

1. Confidential relationship; and

2. Beneficiary participated in a significant activity related to the execution of the will

Question 6

Fraud

Answer 6

Willful deceit as to character or content of will or as to material fact

Question 7

Reformation of Mistakes

Answer 7

UPC and Restatement allow to conform will to the intent of there is clear and convincing evidence the intent was affected by fraud or mistake

Question 8

No contest clause

Answer 8

Beneficiary forfeits interest in the estate if the will is contested. Enforced unless the contestant has probable cause for bringing the contest.