Will Contests Flashcards
Insane Delusion
An insane delusion is a belief for which there is no factual or reasonable belief, but the testator believes despite all reason and evidence to the contrary. If it is shown that the testator has an insane delusion, it must be also shown that but for this delusion, testator would not have disposed of his property in the manner he did. (In other words, the delusion must have caused the testator to make the disposition).
CA Undue Influence
In CA, undue influence is defined as excessive persuasion that causes another person to act or refrain from acting by overciming that person’s free will and results in inequity.
- Victim’s vulnerability and whether influencer knew or should have known it
- influencer’s apparent authority
- influencer’s actions or tactics
- equity of the result
CA Undue Influence Statutory Provisions
CA law holds invalid any will provision making a gift to
i) the person who drafted the will;
(ii) a person who transcribed the will or caused it to be transcribed and who was in a fiduciary relationship with the testator at the time the will was transcribed;
(iii) a care custodian who married a dependent adult testator while or within 90 days after providing services to that dependent adult if the instrument was executed less than six months after the marriage commenced;
(iv) a care custodian of the testator who is a dependent adult, if the will was executed when services were provided or within 90 days thereafter;
(v) a person related to, living with, or employed by the drafter, transcriber, or care custodian; or
(vi) a partner or employee of the law firm of the drafter or transcriber.
Fraud
See Trusts deck
Mental Disorder
A testator lacks testamentary capacity if she suffers from a mental disorder involving delusions or hallucinations which results in her devising property in a way that she would not have done but for the dellusioms or hallucinations.
