Will Contests Flashcards
Grounds for Contest (7)
(1) Defective execution
(2) Revocation
(3) Lack of testamentary capacity
(4) Lack of testamentary intent
(5) Undue Influence
(6) Fraud
(7) Mistake
Procedural requirements for contest
(1) must be filed with 6 months after will admitted to probate
(2) only interested parties may contest (i.e. those whose interests would be adversely affected by admission of will)
Mental Capacity Required for Testamentary Capacity? (4)
T must have capacity to understand:
(1) Nature of her act
(2) Nature and extent of her property
(3) Who are the natural objects of her bounty
(4) Able to formulate an orderly scheme of disposition
Insane Delusion
Belief in facts that do not exist and that no rational person would believe
may invalidate an entire will or a particular gift
Undue Influence (3 factors)
Contestants must establish that:
(1) Influence was exerted
(2) The effect of the influence was to overpower the mind and free will of T and
(3) The resulting testamentary disposition would not have been executed but for the influence
Presumption of Undue Influence
Arises when:
(1) there was a confidential relationship between T and and B and
(2) that B was active in procuring, drafting or executing the will
some states (3) results in unnatural disposition of property
confidential relationship= T placed an unusual amount of confidence in B and relied on B
Fraud (3)
Requires T have been willfully deceived as to
(1) the character or content of the instrument
(2) extrinsic facts that would induce the will or a particular disposition or
(3) facts material to a disposition
Mistake
Either
(1) T is mistaken as to the nature of the instrument (e.g., thought it was power of attorney) or in some cases,
(2) T’s mistake in inducement appears on the face of the will
Extrinsic Evidence of Mistake?
NO
Plain meaning rule prevails: evidence of mistake not admissible to contradict the plain, unambigious language of the will
Ambiguity: extrinsic evidence?
YES
but only for latent ambiguities not patent
latent: arises if will’s language is clear on its face but results in a misdescription as applied
Reformation for Mistake under UPC
Court may reofrm a will even if unambiguous to confrom to T’s intent if it is proven by clear and convincing evidence that T’s itnent and terms of the will were affected by mistake of fact or law
No-Contest Clause
Clause providing that B forfeits her interest if she contests
VALID unless B had probable cause for bringing contest
