Will contests Flashcards
grounds for a will to be denied admission to probate
the will was not properly executed
lack of testamentary capacity
undue influence
fraud
mistake
standing: can contest will if they have pecuniary interst that will be impaired by the will’s admission to probate
lack of testamentary capacity
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only need to be mentally competent at time of making it
must understand the nature of the act
know the nature and extent of prop
know the names of and their relationship to the natural objects of their bounties
understand scope and meaning of the will provisions
undue influence
to establish need: the existence and exertion of influence
that overpowered the testators mind and free will
that produced a will that would not have been made but for such influence
(pleading, begging, nagging, and cajoling or even threatening DOES NOT constitute undue influence)
the will of the testator must be overpowered
presumption of undue influence if weakness of mind, named a beneficiary with whome the testator stood in a relationship of confidence or dependence and expressed contrary intention previously
fraud
false rep that the speaker knows to be false
intent to deceive
the other partys ignorance of the falsity
reliance on the fals rep that induced the party to act to their injury
mistake/ambiguity
a court can reform a will or codicil to confrom to the dedents intention if it is proved by clear and convincing evidence that both the decedents intent and the wills terms were affected by the mistake of fact or law
ambiguity: latent–> language of the will is clear on its fact but results in a misconstruction
patent–> uncertainty appears on face extrinsic evidence allowed
if ambiguity is a blank space, court cant fill it in
no contest clause
states any one who contests a will forfeits their interest under the will
seeking interpretation does not equal contest
if they do contest and are successful the no contest clause fails along with the will
