Will Contests Flashcards
What is the age requirement for a will?
Must be 18 years old.
What is testimentary intent?
A testator must have intended for the document to be her will.
What is the rule for mental capacity?
A testator must have mental capacity to execute a will, the burden rests on the contestant.
How can a testator meet the requirements of mental capacity?
Knows the nature and extent of her property, persons who are the natural objects of her bounty, nature of the instrument signed and the disposition made.
What is the effect of undue influence?
A will is invalid if it was executed as the result of undue influence. A court may invalidate portions.
What is the rule for undue influence?
Undue influence is present when the wrongdoer exerts such influence over the testator that it overcomes the testator’s free will and causes the testator to make a gift that he would otherwise not have made.
How can one establish undue influence?
SODA: Susceptible to undue influence, there was opportunity to exert it, the influencer had disposition to exert undue influence and the will appears to be a product of undue influence.
Fraud
Fraud occurs when a testator is deceived by misrepresentation and is led to execute a will that he wouldn’t have made.
If the mistake is clear, do courts allow reformation?
No. Most jurisdictions do not allow reformation of a will to correct a mistake.
If it’s an unclear mistake, do courts allow reformation?
Most states allow extrinsic evidence to clear up ambiguity.
How does a person contest a will?
A person contests a will when they want to challenge its validity or admission to probate.
Who can contest a will?
Will can only be contested by persons who would be better off financially if the will were denied probate than hey would be if the will were admitted to probate.
What is a no-contest clause?
A no-contest clause states that if someone contests it, they cannot take under the will.
How do UPC states handle no-contest clauses?
the clause is enforceable unless probable cause exists for challenging the will.
