Will Contests

Question 1

Who May Contest A Will

Answer 1

Only interest parties, someone with economic interest, which would be adversely affected by will’s probate.

Question 2

Will Contest For What?

Answer 2

Lack of Testamentary Capacity, Undue Influence

Question 3

Lack of Testamentary Capacity

Answer 3

Testator had insufficient capacity to: understand nature of act he was doing, know nature and approximate value of property, know nature of objects and bounty, understand disposition he was making.

evidence of capacity must related to circumstances at time will was executed, or shortly before/after.

Question 4

Undue Influence

Answer 4

Capacity subjected to control by domiant influences power BURDEN is on contestants. They must prove: existence and exertion of influence AND effect was to overpower mind and will of testator AND product is a will/gift that would not have been made but for influence.

Question 5

Undue Influence Circumstantial Evidence

Answer 5

This circumstantial evidence is insufficient to prove undue influence: mere opportunity to exert influence, mere susceptibility of influence due to age/illness. Unnatural disposition.

Question 6

Confidential Relationship and Undue Influence

Answer 6

Inference of undue influence if that party benefited and had an opportunity to exert undue influence = NO SHIFTING BURDEN

Question 7

In Terrorem Clauses

Answer 7

Clauses are given full effect UNLESS court finds contest was brought in good faith with probable cause.