Will Contests

Question 1

On what grounds can a will be challenged?

Answer 1

• failure to make a valid will (capacity and formalities)
• undue influence
• duress
• Fraud (in the factum vs. in the inducement)
• mistake

Question 2

What are the requirements for undue influence?

Answer 2

• Influence must exist and be exerted
• The effect of the influence is to overpower the T’s mind and will
• Causation (will would not have been made but for that influence)

Question 3

If the courts determine undue influence, what is the effect on the will?

Answer 3

Valid, but gifts to influencer are void

Question 4

What is the difference between duress and undue influence when it comes to make a will?

Answer 4

Addition of violent conduct

Question 5

What do you need to show to successfully challenge a will for fraud?

Answer 5

• False representation made to T
• The person making the statement knew it was false
• T reasonably believed the statement
• Caused T to execute a will he wouldn’t have made but for the statement

Question 6

If there is mistake in the factum, what is the result?

Answer 6

Mistake in the factum means that there was a mistake as to what document you signed. The result = will invalid because no testamentary intent

Question 7

If there is mistake in the inducement, what is the effect on the will?

Answer 7

Generally, no remedy available for innocent mistake

Question 8

If B contest a will and loses, what is the result?

Answer 8

Under the UPC they forfeit their gift unless B had probable cause and filed the contest in good faith