Will Contests Flashcards
Contests allege that . . .
- Testator lacked testamentary capacity
- was operating under an insane delusion or
- was subject to undue influence
Generally must be filed within 6 months of will admitted to probate
Who has standing to contest a will?
Only directly interested parties who stand to benefit financially may contest a will
No creditors, no spouses under prior wills, no omitted heirs
Testator lacks requisite mental capacity if at time of execution, did not have the ability to know the:
- Nature of the act;
- Nature and character of property
- Natural objects of his bounty
- Plan of attempted disposition
Need only ability, actual knowledge not required
Insane Delusion
Belief with no factual or reasonable basis
Rational-person test - rational person in same situation would not have reached the same conclusion + BUT FOR delusion, specific disposition would not have been chosen (ie delusion caused testator to make disposition in that way)
Courts will generally not apply to religious or spiritual beliefs
Undue Influence is . . .
General Rule
Mental or physical coercion is exerted by a 3rd party with intent to influence the testator such that they lose control of their own judgement
Presumption of Under Influence Arises when . .
General Rule
- Principle beneficiary is in a confidential relationship with testator (attorney, physician, clergy members)
- Person participated in exceution of the will AND
- Gift was unnatural or consists of majority of the estate
Burden shifts to beneficiary - if proven they predecease T to extent exceed intestate
Undue Influence - Traditional Doctrine
Majority View
Must show:
1. Susceptability (susceptible to influence)
2. Motive (infuencer had reason to benefit)
3. Opportunity (influencer had opportunity to influence)
4. Causation (influencer caused unnatural result)
Fraud effect on will
General Rule
Will can be invalidated due to fraud
Contructive Trust can be imposed to rectify any alleged fraud or undue influence. Can also occur if no fraud, but court think unjust enrichment would result if D retained property
Elements of Fraud
Must be made by the beneficiary with both:
* intent to decieve AND
* Purpose of influencing testamentary disposition
Fraud in the Inducement
Knowingly false representation that cause the testator to make a different will than they would have
**Must show t would have made a different will had they known the truth
Fraud in the Execution
Misrepresentation as to what is in the will or testator is unaware they are signing a will
Restrictions on Marriage
Provisions that** impose forfeiture of a gift** if someone gets married are against public policy
reuirements that a B may only marry with consent of executors/trustees who would profit by withholding consent are also against public policy
Partial Restraints on Marriage
Conditions in partial restraint of marriage are OK, if merely imposing reasonable restrictions on marriage or prevent an ill-advised marriage
Conditions saying you wont get the gift unless you marry someone in our religious group are valid
Conflict of Laws
- Common law - domicile at time of death
- UPC - will was executed OR domiciled, abode, or national at time of death
