Will Contests

Question 1

Contests

Answer 1

Challenge validity of document- defective execution; revocation; lack of testamentary capacity; lack of testamentary intent; undue influence; fraud and mistake

Must be filed within 6 months and only interested parties have standing

Question 2

Mental capacity

Answer 2

simply to UNDERSTAND: nature of act; nature and extent of her property; who are the natural objects of her bounty; and the effect of the will

Question 3

Insane delusion

Answer 3

A belief that don’t exist and no rational person would believe it existed

May invalidate an entire will or only a particular gift

Testators are presumed competent burden on contestant

Question 4

Undue influence

Answer 4

1) influence was exerted; 2) effect was to overpower the mind and free will; 3) the result wouldn’t have been executed but for the influence

Need more than circumstantial evidence
presumption of undue influence when: confidential relationship; that benny was active in procuring and drafting of will; provisions unnaturally favor benny– burden will be on benny

Question 5

Fraud

Answer 5

Willful deceived as to character; extrinsic facts would induce the will; fact material to disposition

Question 6

Mistake

Answer 6

Extrinsic evidence allowed - mistake in execution

Mistake in inducement- mistake in the way the testator made his will- no relief

Mistake as contents- no extrinsic evidence allowed

Ambiguity- modern view is to allow extrinsic evidence for both latent and patent ambiguities

UPC- if there is a mistake even if it is not ambiguous- court can conform to testator’s intent

Question 7

No contest clause

Answer 7

benny forfeits interest if interest is contested- valid unless probable cause for bringing contest