Will Contests Flashcards
Standing
Only an interested party has standing to challenge a will
Parties that Lack Standing
(1) Creditors
(2) Omitted children
(3) Heir of a devisee under another will of testator
Timing of Will Contests
Before admission to probate = 30 days
After admission to probate = 3 months
Testamentary Capacity
Testator must be:
(1) At least 18; and
(2) Of sound mind
Grounds for Will Contests
(1) Lack of capacity
(2) Undue Influence
(3) Fraud
Lack of Capacity: General Testamentary Capacity
Contestant bears the burden of proving that the testator lacked the requisite mental capacity at the time of the execution of the will
Determine whether testator had ABILITY to know:
(1) Extent and value of their property;
(2) Natural objects of their bounty
(3) Their deserts, with respect to their treatment of and conduct toward him
Lack of Capacity: Insane Delusion
False belief to which the testator adheres in spite of all reason and evidence to the contrary
Measure testator’s insane delusion against that of a RATIONAL PERSON in the testator’s position
Contestant must show that the insane delusion CAUSED the testamentary disposition
Undue Influence
Contestant argues that a third party effectively controlled testator’s decision-making process
Undue Influence Elements
Contestant must show:
(1) Beneficiary received a BENEFIT under the will;
(2) Beneficiary had CONFIDENTIAL RELATIONSHIP with testator;
(3) Relationship based on TRUST; and
(4) Testator was SUSCEPTIBLE to influence at time of execution
Undue Influence: Burden Shift
If contestant meets the burden, creates a rebuttable presumption of undue influence
Burden shifts to beneficiary to show by clear and convincing evidence no undue influence
Undue Influence: Consequences
Will may be invalidated in whole or in part
Fraud
Contestant bears the burden of showing the beneficiary engaged in an unlawful misrepresentation at time of execution
Fraud Elements
Must show that beneficiary made representation with:
(1) INTENT to deceive the testator; and
(2) PURPOSE of influencing testamentary disposition
Fraud in the Inducement
Misrepresentation causes testator to make different will than testator would have made otherwise
Fraud in the Execution
Misrepresentation as to the character or contents of will
