Will Contests Flashcards
What is a will contest?
A challenge to the admission of a will to probate on the grounds of its invalidity
A person interested in the distribution of the estate can object to the will.
Who has standing to object to probate or contest a will?
Only someone with a beneficial interest if they succeed can challenge a will
Heirs always have standing, even if not named in an earlier will.
List the grounds for contesting a properly executed will.
- Lack of testamentary capacity
- Undue influence
- Mistake
- Fraud
- Ambiguity
What are patent ambiguities?
Ambiguities that appear on the face of the instrument
These are evident without needing external evidence.
What are latent ambiguities?
Ambiguities that arise when the language of the will could benefit multiple parties or apply to different property
These occur due to lack of specificity.
What types of evidence can be considered to resolve ambiguities in a will?
Both direct and circumstantial evidence of the donor’s intent
This applies once an ambiguity is established.
What is an in terrorem clause?
A clause in a will attempting to disqualify anyone contesting the will from taking under it
Also known as a no-contest clause.
What are the three approaches to in terrorem clauses?
- Courts dislike such clauses and construe them narrowly
- Clauses are invalid if the challenge involves fraud
- Ineffectual if the person had reasonable cause to contest or acted in good faith
True or False: Courts generally favor in terrorem clauses.
False
Courts tend to construe these clauses narrowly.
Fill in the blank: The grounds for contesting a will include lack of testamentary capacity, undue influence, _______, fraud, and ambiguity.
[mistake]
What is the effect of an in terrorem clause if the contestant had reasonable cause to contest the will?
The clause is ineffectual
This applies if the contestant acted in good faith.
