Will Contests Flashcards
Will Contests - Denied Admission to Probate
Grounds for a will to be denied admission to probate are:
1) the will was not properly executed - Defective Execution
2) Valid Revocation
3) lack of testamentary capacity
4) undue influence
5) fraud
6) mistake
Standing to Contest a Will
A person has standing to contest a will if they have a pecuniary interest that will be impaired by the will’s admission to probate.
Testamentary Capacity
A testator need only be mentally competent at the time of executing the will. They must:
1) understand the nature of the act
2) know the nature, condition, and extent of their property
3) Know the names of and their relationship to the natural objects of their bounty; and
4) understand the scope and meaning of the will provisions
Burden of Proof as to Testamentary Capacity
The burden of proving capacity is on the will proponent, but proof that the will was validly executed raises a presumption of capacity.
Test for Undue Influence
To establish undue influence, the contestants must prove:
1) the existence and exertion of influence
2) that overpowered the testator’s mind and free will, and
3) that produced a will (or a gift in a will) that would not have been made but for such influence
Presumption of Undue Influence
A presumption of undue influence arises if it is proved by clear and convincing evidence that the testator:
1) suffered from weakness of 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
Presumption of Fraud
Even if there is no presumption of undue influence, a presumption of fraud arises if the will was drafted by a person in a confidential relationship with the testator, and there are suspicious circumstances.
Elements of Fraud
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
Mistake - Ambiguity
A court may reform a will or codicil to conform to the decedent’s intention if it is proved by clear and convincing evidence that both the decedent’s intent and the will’s terms were affected by a mistake of fact or law
Mistake as to Nature of Instrument
Extrinsic evidence is admissible to show that the testator was unaware of the nature of the instrument they signed.
Reform a Will
In Virginia, a will can be reformed if it is proven that the will or its terms were induced by mistake.
Mistakes as to Contents of the Will
Absent evidence of fraud in the execution, duress, or suspicious circumstances, extrinsic evidence is not admissible to show that a provision the testator intended to include was mistakenly omitted from a will, or that a provision contained in the will is not what the testator intended.
Latent Ambiguity
A latent ambiguity exists when the language of the will is clear on its face in describing a beneficiary or property, but results in a misconstruction when applied.
- BOTH facts and circumstances and the testator’s declarations of intent are admissible to cure the ambiguity
Patent Ambiguity
A patent ambiguity exists when the uncertainty appears on the face of the will. Extrinsic evidence as to surrounding facts and circumstances are admissible, but the testator’s declarations are admissible only if there is an equivocation.
No-Contest Clause
A no-contest clause provides that any person who contests a will forfeits their interests under the will.
