Will Contests

Question 1

Who is an interested party with standing to challenge a will?

Answer 1

1. Someone who gets financial benefit

2. Takes under intestate succession but not under will

Question 2

What is required for a testator to execute a will?

Answer 2

1. Be >18YO and of sound mind

2. Sound mind = capacity + free from undue influence + not subject to fraud

Question 3

What is required for capacity?

Answer 3

When testator doesn’t know:

1. Nature of the act;
2. Nature and character of his property;
3. Natural objects of his bounty; and
4. Plan of the attempted disposition

Question 4

What qualifies as an insane delusion sufficient to invalidate a will?

Answer 4

1. Objective Test - insane delusion if rational person can’t reach same conclusion
2. Causation - insance delusion is cause of testamentary position

Question 5

What constitutes undue influence?

Answer 5

1. Susceptibility - testator was susceptible to influence
2. Motive - influencer has reason to benefit.
3. Opportunity - influencer had opportunity to influence.
4. Causation - influencer caused unnatural result

Question 6

What are the elements of fraud with regards to a will?

Answer 6

1. Intent to deceive testator

2. Purpose of influencing testamentary disposition

Question 7

What are the two types of fraud?

Answer 7

1. Inducement - misrepresentation cause testator to make a different will
2. Execution - misrepresentation as to contents or character of the will