Will Contests Flashcards
Who has standing to contest a will?
only directly interested parties who stand to benefit financially may contest a will;
not T’s general creditors nor the spouse or prospective heir of a beneficiary
under a prior will
What must be show for a contest of a will for lack of testamentary capacity?
T lacks capacity if, at the time of the will’s execution, T did not have the ability to
- know the nature of act,
- know the nature and character of his property,
- know the natural objects of his bounty, and
- know the attempted disposition plan
What is an insane delusion
a belief for which there is no factual or reasonable basis, but to which T adheres despite all reason and evidence to the contrary
What is the test for insane delusion
Rational person: a rational person in T’s situation could not have reached the same belief
But for cause: the delusion was the sole cause of the testamentary disposition
Define Undue Influence
Mental or physical coercion exerted by a third party on T with the intent to influence T such that he loses control of his own judgment and executes an unnatural will
What is a confidential relationship
Testator, as a result of his weakened or dependent state, confided, trusted or relied upon the other party
**A factor to consider in an undue influence analysis.
Who has the burden of proof on a confidential relationship?
burden is on the beneficiary to show by a preponderance of the evidence that there was no undue influence
Does a confidential relationship, for purposes of undue influence, exist between a husband and wife?
NO
A beneficiary who had a confidential relationship is treated as
as though they predeceased the T to the extent the gift exceeds the beneficiary’s intestate share
Define Fraud
a misrepresentation made by the beneficiary when the will was executed with the intent to deceive T and with the purpose of influencing the disposition, resulting in a will that would not have been executed BUT FOR the fraud
Define Forfeiture clause
designed to deter a beneficiary from suing over his share by causing him to lose his share entirely if he does so; UPC/most states find forfeiture clauses unenforceable against a beneficiary who has probable cause to contest
Define Restraints on Marriage (& the effect)
provisions imposing a forfeiture of a gift if the beneficiary should ever marry are invalid as against public policy
How are conflicts of law determined?
validity under the UPC is determined under the law of the place where the
will was executed or the testator is domiciled
