Will Contests

Question 1

What are the grounds for a will to be denied admission to probate?

Answer 1

(1) Not properly executed
(2) Lack of testamentary capacity
(3) Undue influence
(4) Fraud
(5) Mistake

Question 2

Who has standing to contest a will?

Answer 2

Only interested parties, meaning one who has a pecuniary interest that will be impaired by the will’s admission to probate
* “Someone who stands to benefit if current will is set aside” (e.g., beneficiaries under intestacy or beneficiaries under previous will that would benefit if set aside)

Question 3

What are the grounds to contest a will for lack of testamenary capacity?

Answer 3

(1) Age–must be 18
(2) Mental competence of testator measured at the time of executing the will

NOTE burden of proving capacity is on will proponent, but proof that will was validly executed raises presumption of capacity
* If presumption exists, contestant has burden of going forward with evidence to overcome it

Question 4

What are the elements for showing mental competency at the time of executing the will (for testamentary capacity)?

Answer 4

The testator:
(1) Understood the nature of the act
(2) Knew the nature, condition, and extent of their property
(3) Knew the names and relationship to the natural objects of their bounty
(4) Understood the scope and meaning of the will provisions

Question 5

What are the elements a contestant must prove to establish undue influence?

Answer 5

(1) Existence and exertion of influence that (2) overpowered the testator’s mind and free will; and (3) but for such influence, such a will (or gift in a will) would not have been produced

Question 6

When does a presumption of undue influence arise?

Answer 6

Where proved by clear and convincing evidence that the testator:
1. Suffered from weakness of the mind
2. Named a beneficiary with whom the testator stood in a relationship of confidence or dependence AND
3. Either previously expressed a contrary intention or previously expressed no intention regarding the disposition of their property

Question 7

What are the elements of fraud?

Answer 7

1. False representations that the speaker knows to be false
2. Intent to deceive
3. The other party’s ignorance of the falsity; and
4. Reliance on the false representations that induced the party to act to their injury

LOOK FOR FRAUD AND UNDUE INFLUENCE TOGETHER

Question 8

Where does a presumption of fraud arise?

Answer 8

Where the will was drafted by a person in a confidential relationship with the testator, and there are suspcious circumstances

Question 9

How does one show mistake?

Answer 9

Prove by clear and convincing evidence that both the decedent’s intent and the will’s terms were affected by a mistake of law or fact, whether in expression or inducement
* Instrument–testator was unaware of the nature of the instrument they signed
* Inducement-can be reformed if proven that will or terms induced by mistake (not fradulently induced)
* Contents–clear and convincing evidence shows both the testator’s intent and will’s terms affected by mistake

Question 10

What should the court do in the event of an ambiguity?

Answer 10

• Latent–both facts and circumstances evidence and the testator’s declarations of intent are admissible to cure ambiguity; however, if extrinsic evidence does not resolve, gift fails
• Patent–facts and circumstances evidence admissible, but testator’s declarations admisslbe only if there is equivocation (words in will describe two or more persons or things equally well)