Will contests

Question 1

procedural aspects for contesting a will

Answer 1

1. contest during proper time period
2. need standing
3. contestor has BOP

if only part of will contested successfully remaining will stays as it was before

Question 2

reasons for contesting a will

Answer 2

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

Question 3

insane delusion

Answer 3

insane delusion destroys testamentary capacity if there is a connection/nexus btwn insane delusion + property that is to be disposed of

Question 4

what is considered an insane delusion

Answer 4

insane belief in facts that no rational person wouldnt believe exist

I believe that my wife is an alien sent to destroy me so i exclude her from my will → insane delusion so will is void (and wife might be able to collect from estate)

Question 5

to establish undue influence, need to establish

Answer 5

1. influence existed
2. influence was exerted
3. influence overpowered the T’s mind and free will
4. the influence caused the T to execute a diff will than he would have without the influence

Question 6

presumption of undue influence in confidential relationships

Answer 6

1. confidential relationship btwn T and B and
2. B was active in procuring, drafting, or executing will

Question 7

presumption of undue influence does not arise in spouses unless

Answer 7

1. spouse overpowered free will of T and
2. W resulted in reflecting desires of spouse exerting influence

Question 8

fraud in the execution (in factum)

Answer 8

T deceived as to identity or content of will

Question 9

fraud in the inducement

Answer 9

T knows they are executing a will and what it contains BUT deceived as to an extrinsic fact which influenced contents of will

Question 10

mistake in execution (in factum)

Answer 10

T makes error regarding id or content of will and so lacks testamentary intent

extrinsic evidence allowed

Question 11

mistake in inducment

Answer 11

no relief

T mistaken as to an extrinsic fact and makes will upon that fact BUT there was no evil conduct as to the extrinsic fact →. no relief