Will Contests

Question 1

Standing

Answer 1

Only interested parties- takers or people who would’ve taken under intestate succession
-Challenge generally must be brought within 6 months

Question 2

Capacity Requirements

Answer 2

1. Nature of the act
2. Nature and character of property
3. Natural objects of bounty
4. Plan of the attempted disposition

Question 3

Insane Delusion

Answer 3

A false belief to which the testator adheres in spite of all reason and evidence to the contrary

• Measured against rational person
• Delusion must be but-for cause of disposition

Question 4

Undue Influence

Answer 4

1. Beneficiary received a substantial benefit under the will
2. Beneficiary had a confidential relationship with the testator
3. Testator had a weakened intellect at the time of execution
   If met, burden shifts to proponent to show by a preponderance of the evidence that there was no undue influence

Question 5

Fraud

Answer 5

Beneficiary made a misrepresentation with the intent to deceive the testator and the purpose of influencing the testamentary disposition
Can be in inducement or execution

Question 6

Forfeiture Clauses

Answer 6

A no-contest clause ( in terrorem clause) is an express clause within a will designed to deter a beneficiary from suing over his share by causing him to lose his share entirely if he does so
Usually invalid if challenger had probable cause