Will Contests Flashcards
What does a will contest do?
challenges the validity of a document offered for probate.
When must a will contest be filed?
Within six months of the will having been admitted to probate.
Who has standing to challenge a will?
Only interested parties; i.e. those whose interests are adversely affected by the admission of the will.
Can a creditor contest the admission of a will to probate?
No, because creditors, executors, and testamentary trustees are not interested parties.
Who is entitled to notice of a will being contested?
All necessary parties to a will; i.e. all legatees and intestate heirs.
What is the effect of finding that a part of a will was acquired by fraud, mistake, duress, etc?
Only that part of the will is void. The rest remains.
A testator need not have the level of capacity required for _____________.
contracts.
A testator simply must have the capacity to understand . . .
1) the nature of her act; 2) the nature and extent of her property; 3) who are the natural objects of her bounty; and 4) the ability to formulate an orderly scheme of disposition.
When is a testator’s mental capacity to create a will determined?
At the time of the will’s execution.
Does the fact that the testator is a drug addict and alcoholic affect the mental capacity to execute a will?
Not by itself, though it can be evidence of lack of capacity.
What happens when a testator is adjudicated insane?
Insanity is evidence of a lack of capacity, but not in and of itself conclusive.
Insane Delusion
a belief in facts that are not true.
What is the effect of an insane delusion on a will?
parts of the will that were created in reflection of the insane delusion will be set aside.
A testator is presumed ____________.
competent
What must a will contestant show to prove undue influence?
to establish undue influence, the challenger must show 1) influence was exerted; 2) the effect of the influence was to overpower the mind and free will of the testator; and 3) the resulting testamentary disposition would not have been executed if not for the undue influence.
In order to show undue influence, the free will of the testator must be ____________.
destroyed.
Does pleading, nagging, begging, cajoling, or threatening violence constitute undue influence?
No.
When will undue influence be presumed?
Undue influence will be presumed when 1) there was a confidential relationship between the testator and the beneficiary; and 2) that beneficiary was active in procuring, drafting, or executing the will.
When might undue influence be presumed between a husband and wife?
Spouses are presumed not to unduly influence one another. However, a presumption might arise where the spouse’s influence over the testator 1) overpowered the free will of the testator; and 2) resulted in a disposition reflecting the desires of the spouse exerting the influence.
Will a court grant relief for a testator who mistakenly signs the wrong will?
Yes, where the nature of the mistake is obvious.
Will a court grant relief to a testator who argues that he made a will in a particular way based on a mistake that was not fraudulently induced?
No
A testator makes a mistake in writing his will by putting down the wrong name of the person intended to inherit a piece of property. Will the court grant relief?
No. Under the plain meaning rule, courts will not allow extrinsic evidence to show that a part of a will was omitted or incorrect. Where the terms of the will are clear and unambiguous, they cannot be changed, even if they are not what the testator intended.
Latent Ambiguity
where a will’s language is clear on its face but results in a misdescription as applied.
Patent Ambiguity
where the uncertainty appears on the face of the will.
Courts will allow extrinsic evidence to cure ___________ ambiguities.
latent
Under the UPC, when will a court reform a will, even an unambiguous one?
if the testator’s true intent is proven by clear and convincing evidence.
Are no-contest clauses valid in a will?
Yes.
When might a no-contest clause be invalid?
Where the challenger has probable cause to challenge the will.
