WILL CONTESTS Flashcards
Types of Will Contests
A will contest challenges the validity of a document offered for probate. Grounds for challenge are:
(i) defective execution,
(ii) revocation,
(iii) lack of testamentary capacity,
(iv) lack of testamentary intent,
(v) undue influence,
(vi) fraud,
(vii) mistake.
(Note – effects – part invalid / fully invalid AND falls to residuary/in
Fraud
A successful contest on grounds of fraud requires that the testator have been willfully deceived as to:
(i) the character or content of the instrument,
(ii) extrinsic facts that would induce the will or a particular disposition, or
(iii) facts material to a disposition.
Undue Influence.
To establish UI, the contestants must establish that:
(i) influence was exerted,
(ii) the effect of the influence was to overpower the mind and free will of the testator, and
(iii) the resulting testamentary disposition would not have been executed but for the influence.
Circumstantial evidence is not enough.
Presumption arises when: (i) confidential relationship between T and beneficiary; and (ii) beneficiary was active in procuring, drafting, or executing the will. (iii) optional – provisions of the will appear to be unnatural and favor the person who allegedly exercised UI.
Insane Delusion
A belief in facts that do not exist, AND that no rational person would believe existed. An insane delusion may invalidate an entire will or only a particular gift, because the will is set aside only to the extent that the delusion caused the testamentary disposition. Testator is presumed competent and the burden is on the contestant to produce evidence to the contrary.
Mistake
Did not know the document he was signing was a will, because he lacked testamentary intent. Plain meaning rule, evidence of a mistake is not admissible to contradict the plain, unambiguous language of a will.
