Will Contests

Question 1

Grounds for Contest

Answer 1

Defective execution
Revocation
Lack of testamentary capacity
Lack of testamentary intent
Undue influence/duress
Fraude
Mistake

Question 2

Undue Influence

Answer 2

Must show:
-influence existed and was exerted
-effect of the influence was to overpower the mind and free will of the testator
-resulting testamentary disposition would not have been executed but for the influence

Presumed when there was a confidential relationship between the testator and a beneficiary and the beneficiary was active in drafting/executing the will.

Question 3

Fraud

Answer 3

Must show testator was willfully deceived as to
-the character or content of the instrument OR
-extrinsic facts that would induce the will/a disposition OR
-facts material to a disposition

Question 4

Mistake

Answer 4

If the mistake was to the identity or contents of the instrument, argue lack of testamentary intent.

If the mistake was to an extrinsic fact, generally no relief. Under the UPC a court may reform a will based on mistake if testator’s intent is proven by clear and convincing evidence.

Question 5

No Contest Clauses

Answer 5

A clause providing that a beneficiary forfeits their interest in the estate if they contest the will and lose.
-Majority/UPC: clause is valid unless the beneficiary had probable clause for bringing the contest
-Minority: clause is always valid

Question 6

Ambiguity

Answer 6

Patent (obvious on its face): extrinsic evidence admissible (modern view)

Latent (cannot be carried out without further clarification): extrinsic evidence admissible

Mistake:
-Traditional: Extrinsic evidence cannot be admitted (plain meaning rule)
-Modern: Extrinsic evidence allowed