Will Contests Flashcards
Insane delusion, standing to contest,
What is the effect of an insane delusion on a will?
A will is void to the extent it arises from the testator’s insane delusion.
Define ‘insane delusion’ in the context of a will.
An insane delusion means that the testator, against all rational evidence, espouses a false belief.
What must a false belief do to affect a will?
The false belief must materially affect or influence at least one disposition in the will.
Are all provisions of a will void if an insane delusion is present?
Only those provisions affected by the delusion are void, unless the delusion influenced the will at large.
What do insane delusions not encompass?
Insane delusions do not encompass any belief based on reasoning from true, existing facts or supported by evidence.
Who has standing to contest a will?
Someone must have a pecuniary or beneficial interest in the estate.
What must a challenger stand to gain or lose in a will contest?
The challenger must stand to gain something of monetary worth or to lose something of monetary worth.
Who is most likely to challenge a will?
Most of the time, the challenger is someone who would take by intestacy if the challenged will were set aside.
Do creditors have standing to challenge a will under common law?
No, the decedent’s creditors normally lack standing to challenge a will.
What is a no-contest clause?
A no-contest clause purports to rescind or nullify a gift to, or fiduciary appointment of, anyone who contests the will.
What does it mean to contest a will?
To contest a will means to seek to invalidate or void some gift under the will.
Under what conditions is a no-contest clause enforceable?
A no-contest clause is enforceable unless the challenger has probable cause to contest the will.
What constitutes probable cause in a will contest?
Probable cause exists if a reasonable person would conclude that the will contest has a substantial likelihood of success.
Can probable cause exist even if the will contest ultimately fails?
Yes, probable cause might exist even if the will contest ultimately fails.
What happens to a no-contest clause if the will contest succeeds?
If the will contest succeeds, then probable cause exists, rendering the no-contest clause unenforceable.
