Will Contests

Question 1

Grounds for challenge of a will are:

Answer 1

(i) defective execution
(ii) revocation
(iii) lack of capacity
(iv) lack of intent
(v) undue influence
(vi) fraud, and
(vii) mistake

Question 2

In most states, a will contest must be filed ____________ after the will is admitted to probate.

Answer 2

within six months

Question 3

A testator must have the capacity to understand:

Answer 3

(i) the nature of her act,
(ii) the nature and extent of her property,
(iii) who are the natural objects of her bounty, and
(iv) the above factors must be able to formulate an orderly scheme of disposition

Question 4

To establish undue influence, the contestants must establish that:

Answer 4

(i) influence was exerted;
(ii) the effect of the influence was to overpower the mind and free will of the testator; and
(iii) the resulting testamentary disposition would not have been executed but for the influence

Question 5

A presumption of undue influences arises when:

Answer 5

(i) there was a confidential relationship between the testator and a beneficiary (i.e., the testator placed an unusual amount of confidence in the beneficiary, and relied on the beneficiary); and
(ii) that beneficiary was active in procuring,drafting, or executing the will
* some states add a third requirement–that the provisions of the will appear unnatural and favor the person who allegedly exercised undue influence

Question 6

A successful contest on grounds of fraud requires that the testator have been willfully deceived as to:

Answer 6

(i) the character or content of the instrument,
(ii) extrinsic facts that would induce the will or a particular disposition, or
(iii) facts material to a disposition

Question 7

latent ambiguity

Answer 7

• arises if a will’s language is clear on its face but results in a misdescription as applied
• extrinsic evidence is admissible to cure

Question 8

patent ambiguity

Answer 8

• exists if the uncertainty appears on the face of the will
• traditional and majority view: extrinsic evidence is not admissible to cure
• modern view: extrinsic evidence admissible

Question 9

Under the UPC, a court may reform a will, even if the will is unambiguous, to conform to the testator’s intent if

Answer 9

it is proven by clear and convincing evidence that the testator’s intent and the terms of the will were affected by a mistake of fact or law.

Question 10

No-Contest Clauses

Answer 10

Under the UPC and most states, a clause iin a will providing that a beneficiary forfeits her interest in the estate if she contests the will is valid and will be enforced unless the beneficiary had probable cause for bringing the contest.

Question 11

Extrinsic evidence _________ admissible in most courts to show that a provision contained in the will id not what the testator intended.

Answer 11

is not