Will Contests Flashcards
When addressing questions about will contests, always start with a discussion of . . .
Standing
Who has standing to challenge a will?
Any person whose share of the estate would increase if the will were invalid.
Whose duty is it to defend the will?
PR
Four necessary components of testamentary capacity:
T understood the nature of his act;
T knew the nature and character of his property;
T knew the natural objects of his bounty (expected heirs); and
T understood the disposition he wished to make.
Does adjudication of incompetence raise a conclusive presumption against testamentary capacity?
No
Where T is otherwise sane, but the will (or gift therein) is a product of an ______ ______, having no basis in fact or reason, which T adheres to against all reason and evidence, and where the will (or gift therein) is the product of the ________ _____.
Insane delusion (x2)
When addressing the question of insane delusion, focus on what?
Causal connection
What must the contestant show in an undue influence case? (3)
Existence and exertion of the influence
Effect of overpowering the mind and will of T
A resulting will that would not have been executed but for the influence
Influence is not undue unless the ____ ____ of the T was destroyed and a will was produced that expresses the will of the one exerting influence.
Free agency
Does mere opportunity to influence provide evidence of UI?
No
Does mere susceptibility by itself established that T’s mind was in fact subverted and overpowered?
No
If some children take more than others, does that provide evidence of UI?
No
When is the only time an “unnatural disposition” can provide a badge of undue influence?
When there is no reasonable explanation for the devise.
Can UI be show as to one gift in the whole, or must it be showed for the entire will?
One gift OK
True or False: A presumption of undue influence arises upon a showing that a principal beneficiary under the will who stood in a confidential relationship to the T (attorney, priest, doctor, etc.) drew or procured the execution of the will.
True.
