Will Contests Flashcards
1
Q
Who may bring a will contest?
A
A party must have standing to contest the probate of a will?
2
Q
Which parties will have standing to challenge a will?
A
Anyone with a beneficial interest if the challenge is successful will have standing, including heirs in intestacy
3
Q
What are grounds for contesting an executed will?
A
- lack of testamentary capacity
- undue influence
- mistake
- fraud
- ambiguity
4
Q
What are in terrorem clauses?
A
No-contest cluases that attempt to disqualify anyone contesting the will from taking under it?
5
Q
Are no-contest clauses permitted?
A
Yes, but they are construed narrowly, and most courts won’t apply the clause to disqualify a beneficiary if the challenge was based on a reasonable cause
