Will Contests Flashcards
1
Q
Who has burden when will is being contested?
A
Person contesting it
2
Q
Ground for will contestation?
A
-doesn’t meet will requirements
-no legal capacity
- no testamentary intent or capacity
-insane delusion
-undue influence
-duress
-fraud
-mistake
3
Q
Undue influence elements
A
- Influence existed and used
- Over powered testators mind
- Causes will to be written certain way
*mere opportunity not enough
4
Q
Duress
A
Threats or violent conduct
5
Q
Mistake
A
Makes will on erroneous fact
6
Q
No Contest Clause
A
Clause in will saying that if a beneficiary contests will and loses, doesn’t get his share of will
- most states won’t uphold if beneficiary is contesting in good faith
7
Q
Executor
A
Person named in will to carry out tasks
8
Q
Personal Representative
A
Person who distributes prop if no will (died intestate)
9
Q
Priority of creditors claims
A
Administrative
Funeral expenses
Fam allowance
Fed claims
Security claims
Unsecured claims
